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POND v. BRANIFF AIRWAYS, INCORPORATED

No. 71-2450 Summary Calendar.

453 F.2d 347 (1972)

Linda Roberta POND, Plaintiff-Appellant, v. BRANIFF AIRWAYS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1972.

Attorney(s) appearing for the Case

Bob Hoblit, Odessa, Tex., for plaintiff-appellant; Burnett & Childs, Odessa, Tex., of counsel.

R. A. Wilson, Underwood, Wilson, Sutton, Heare & Berry, Amarillo, Tex., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Pond's suit against Braniff under Title VII of the Civil Rights Act of 19641 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...

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