Court of Appeals for the Fifth Circuit March 5, 1982, 80-2090 (Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appellee)

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.