Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appellee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
CLARK, Chief Judge:
Sam Rogers appeals the district court’s decision to dismiss with prejudice his employment discrimination lawsuit against Kroger Company for failure to prosecute. We hold that the district court abused its discretion in dismissing the action and remand for further proceedings consistent with this opinion.
I
Rogers, represented by William J. Rice, Jr., filed an employment discrimination action against Kroger on May 8, 1978, in the United States District Court for the Southern District of Texas. The complaint, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…
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