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ROGERS v. KROGER CO.

No. 80-2090.

669 F.2d 317 (1982)

Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 1982.

Attorney(s) appearing for the Case

Clementine Hannah, Houston, Tex., for plaintiff-appellant.

Bracewell & Patterson, Kelly Frels, Victoria Corcoran, Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GOLDBERG and WILLIAMS, Circuit Judges.

CLARK, Chief Judge:

Sam Rogers appeals the district court's decision to dismiss with prejudice his employment discrimination lawsuit against Kroger Company for failure to prosecute. We hold that the district court abused its discretion in dismissing the action and remand for further proceedings consistent with this opinion.

I

Rogers, represented by William J. Rice, Jr., filed an employment discrimination action against Kroger on May 8, 1978, in the...

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