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McKELVEY v. AT & T TECHNOLOGIES, INC.

No. 85-5410.

789 F.2d 1518 (1986)

Harold McKELVEY, Plaintiff-Appellant, v. AT & T TECHNOLOGIES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

R. Scott Laing, West Palm Beach, Fla., for Harold McKelvey.

Joseph Z. Fleming, Miami, Fla., for AT & T Technologies, Inc.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

PER CURIAM:

In this appeal we are asked to determine whether the District Court abused its discretion when it dismissed this case for want of prosecution. Finding that simple negligence was the reason underlying plaintiff-appellant's inaction, we hold that dismissal was too harsh a sanction in this instance. We therefore reverse the District Court's dismissal and remand for reinstatement. Our decision is without prejudice to the imposition by the District Court of...

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