975 F.2d 1188 (5th Cir. 1992) Cited 1,202 times
Holding that the Fifth Circuit affirms dismissals with prejudice only when " there is a clear record of delay or contumacious conduct by the plaintiff, and the district court has expressly determined that lesser sanctions would not prompt diligent prosecution, or the record shows that the district court employed lesser sanctions that proved to be futile"