Linda Roberta POND, Plaintiff-Appellant, v. BRANIFF AIRWAYS, INCORPORATED, Defendant-Appellee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DYER, Circuit Judge:
Pond’s suit against Braniff under Title VII of the Civil Rights Act of 1964 1 was dismissed below, sua sponte, without prejudice for failure of her counsel to prosecute the case. 2 The effect of the dismissal, however, was to bar litigation of the merits of the case because the time for the filing of Pond’s suit under Title VII had expired. We hold, under the facts of this case, that the dismissal was an abuse of discretion and reverse.
On July 20, 1970, the Equal Employment Opportunity Commission issued notice to Pond of her right to sue Bran-iff for employment…
2Cases cited6 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
- Quillie B. Woodham v. The American Cystoscope Company of Pelham, N. Y., and the Xyz CorporationCourt of Appeals for the Fifth Circuit · 1964
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3Cited by99 opinions
- Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
- Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
- Willie E. BOAZMAN, Plaintiff-Appellant, v. ECONOMICS LABORATORY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1976
- Herman GONZALEZ, Etc., Plaintiff-Appellant, v. FIRESTONE TIRE & RUBBER CO. Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1980
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