Sidney Morris v. Ocean Systems, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
TATE, Circuit Judge:
The plaintiff Morris, alleging he was a seaman, sued his employer (“Ocean Systems”), for personal injuries arising out of the latter’s negligence'and the unseaworthiness of its vessel and equipment. Morris appeals the district court’s sua sponte order of involuntary dismissal for the plaintiff’s failure to prosecute. Fed.R.Civ.P. 41(b). Finding that the record does not support a finding of contumacious conduct or a clear record of unexplained delay, we reverse the dismissal.
I
The order of involuntary dismissal was entered on January 25, 1983. At that time, so far as the…
2Cases cited7 opinions
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