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WRENN v. AMERICAN CAST IRON PIPE CO.

No. 77-2627 Summary Calendar.

575 F.2d 544 (1978)

Peter J. WRENN, Plaintiff-Appellant, v. AMERICAN CAST IRON PIPE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 9, 1978.

Attorney(s) appearing for the Case

Peter J. Wrenn, pro se.

Everett Vann Eberhardt, Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Assoc. Gen. Counsel, Lutz Alexander Prager, Attys., E. E. O. C., Washington, D. C., for amicus curiae.

J. R. Forman, Jr., Guy V. Martin, Jr., Birmingham, Ala., for defendant-appellee.

Before RONEY, GEE and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 9, 1978.

RONEY, Circuit Judge:

After denying appointment of counsel, the district court granted summary judgment in this Title VII action because the plaintiff, proceeding pro se, failed to pay a filing fee within a time ordered by the court. Because the court's judgment rested on a mistaken view of the requirements of Title VII pleading, we hold its use of that drastic sanction to be an abuse of discretion...

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