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BUSH v. UNITED STATES POSTAL SERVICE

No. 73-2040.

496 F.2d 42 (1974)

Homer BUSH, Appellant, v. The UNITED STATES POSTAL SERVICE et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1974.

Attorney(s) appearing for the Case

Thomas M. Chattin, Charleston, W. Va., for appellant.

Jean A. Staudt, Atty., U. S. Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen.; Robert E. Kopp, Atty., Dept. of Justice; and John A. Field, III, U. S. Atty., for the Southern District of West Virginia, on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Homer Bush appeals from an order of the district court that dismissed his complaint against the United States Postal Service and some of its officers for failure to prosecute. The dismissal was with prejudice, and because such a severe sanction cannot be justified on this record, we reverse.

Bush instituted this action on November 1, 1972. His attorney directed the marshal to serve process on the named defendants and the United States...

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