Legal Opinion

Sidney Morris v. Ocean Systems, Inc.

Court of Appeals for the Fifth Circuit

Decided April 19, 1984No. 83-2162PublishedCited by 127 opinions

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

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  3. Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
  4. Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
  5. Frank Burden v. Thomas Larry Yates and Marion H. ReeceCourt of Appeals for the Fifth Circuit · 1981

2 more not listed; retrieve them via the Exa API.

3Cited by127 opinions

  1. Gemeral Earnest Berry, Jr. v. Cigna/rsi-CignaCourt of Appeals for the Fifth Circuit · 1992
  2. Wayne Boudwin v. Graystone Insurance Company, Ltd.Court of Appeals for the Fifth Circuit · 1985
  3. Bennie M. Callip v. Harris County Child Welfare Department, George FordCourt of Appeals for the Fifth Circuit · 1985
  4. Jernard Griggs v. S.G.E. Management, L.L.C.Court of Appeals for the Fifth Circuit · 2018
  5. Millan v. USAA General Indemnity Co.Court of Appeals for the Fifth Circuit · 2008

122 more not listed; retrieve them via the Exa API.

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