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GRIFFIN v. ALUMINUM CO. OF AMERICA

No. 77-2122 Summary Calendar.

564 F.2d 1171 (1977)

Frederick GRIFFIN, Plaintiff-Appellant, v. ALUMINUM COMPANY OF AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 21, 1977.

Attorney(s) appearing for the Case

Frederick Griffin, pro se.

J. M. Hopper, W. Carl Jordan, Houston, Tex., for defendants-appellees.

Before GOLDBERG, CLARK, and FAY, Circuit Judges.

PER CURIAM:

Plaintiff, Frederick Griffin, appeals a district court order dismissing his complaint under Rule 37(d) of the Federal Rules of Civil Procedure upon his failure to appear and submit to deposition. This case presents the question whether the district court exceeded its discretion in dismissing a plaintiff's pro se complaint after a single, unexcused failure to appear. We reverse and remand.

Griffin's Title VII1 complaint...

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