LUNA v. INTERN. ASS'N OF MACHINISTS & AEROSPACE

No. 78-1767.

614 F.2d 529 (1980)

Ismael E. LUNA, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL # 36 and Southern Pacific Transportation Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 28, 1980.


Attorney(s) appearing for the Case

Ismael E. Luna, pro se.

Legal Aid Ass'n, Arturo L. Barrera, Stephen G. Cochran, Brendan E. Gill, San Antonio, Tex., for plaintiff-appellant.

Sandra G. Bryan, Atty., E.E.O.C., Washington, D. C., amicus curiae.

Marc A. Zito, Bellaire, Tex., for Southern Pac. Transp. Co.

George P. Parker, Jr., Charles J. Fitzpatrick, San Antonio, Tex., for defendant-appellee.

Before THORNBERRY, GODBOLD and TATE, Circuit Judges.


THORNBERRY, Circuit Judge:

In this case brought under Title VII, 42 U.S.C. §§ 2000e to 17 (1976), we must decide whether the district judge abused his discretion when he denied appellant's request for appointed counsel, dismissed the suit with prejudice, and assessed attorneys' fees against appellant. Because we conclude that the judge abused his discretion in denying appointed counsel and in dismissing the suit, we reverse the judgment and remand the case...

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