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CLEMENTS v. FLORIDA EAST COAST RAILWAY COMPANY

No. 72-2504 Summary Calendar.

473 F.2d 668 (1973)

Joseph C. CLEMENTS, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FLORIDA EAST COAST RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1973.

Attorney(s) appearing for the Case

James W. Matthews, Miami, Fla., for plaintiffs-appellants.

Samuel S. Forman, Kenneth L. Ryskamp, Miami, Fla., for defendant-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Clements sued Florida East Coast for alleged employment discrimination. The defendant moved under Fed.R.Civ.P. 41 (d) to stay the proceedings pending payment of costs assessed in an identical previous suit dismissed for Clements' failure to comply with pretrial orders. The District Court granted the motion by this order:

This cause is before the Court on defendant's motion to stay proceedings pending payment of costs. Having considered...

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