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BERRY v. CIGNA/RSI-CIGNA

No. 92-1316 Summary Calendar.

975 F.2d 1188 (1992)

Gemeral Earnest BERRY, Jr., Plaintiff-Appellant, v. CIGNA/RSI-CIGNA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 1992.

Attorney(s) appearing for the Case

C. Victor Lander, Lander and Associates, P.C., Dallas, Tex., for plaintiff-appellant.

Walter C. Davis, III, Walter Davis & Associates, Dallas, Tex., for defendant-appellee.

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Plaintiff, Gemeral Earnest Berry, Jr., brought an employment discrimination suit against his employer, CIGNA/RSI-CIGNA ("Cigna"). Berry appeals the district court's sua sponte order dismissing his suit for failure to prosecute. Finding that the district court abused its discretion by dismissing Berry's suit, we reverse and remand.

I

Gemeral Earnest Berry, Jr., an African-American employee of Cigna, filed an employment...

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