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CARTER v. CITY OF MEMPHIS, TENNESSEE

No. 79-1056.

636 F.2d 159 (1980)

Sam L. CARTER, Plaintiff-Appellant, v. CITY OF MEMPHIS, TENNESSEE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1980.

Attorney(s) appearing for the Case

Raymon Sauer, Memphis, Tenn., for plaintiff-appellant.

Heiskell Weatherford, Russell, Price, Weatherford & Warlick, Jim Russell, Memphis, Tenn., for defendant-appellee.

Before JONES, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and JOINER, District Judge.

PER CURIAM.

This case illustrates the dilemma confronting a district court when a plaintiff fails to comply with a court's pre-trial orders. The court is faced with a Hobson's choice: either it penalizes the plaintiff for the neglect or incompetence of his counsel, or it must overlook the non-compliance thereby rendering its order a nullity. Sam L. Carter appeals the dismissal of his civil rights action because his attorney failed to comply with the district court...

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