Jamil Abdul-Alim Amin v. Universal Life Ins. Co. of Memphis, Tennessee, 706 F.2d 638 (5th Cir. 1983). · Go Syfert
Jamil Abdul-Alim Amin v. Universal Life Ins. Co. of Memphis, Tennessee, 706 F.2d 638 (5th Cir. 1983). Cases Citing This Book View Copy Cite
91 citation events (45 in the last 25 years) across 20 distinct courts.
Strongest positive: Washington v. Clark Transfer Inc. (laed, 2025-03-31)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
cited Cited as authority (rule) Washington v. Clark Transfer Inc.
E.D. La. · 2025 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 46 In re Tex. Pig Stands, Inc., 610 F.3d 937 , 941 n.4 (5th Cir. 2010) (citing Oliver v. Scott, 276 F.3d 736, 740 (5th Cir. 2002)). 47 Fed.
cited Cited as authority (rule) Washington v. Clark Transfer Inc.
E.D. La. · 2024 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 56 In re Tex. Pig Stands, Inc., 610 F.3d 937 , 941 n.4 (5th Cir. 2010) (citing Oliver v. Scott, 276 F.3d 736, 740 (5th Cir. 2002)). 57 Fed.
cited Cited as authority (rule) Washington v. Clark Transfer Inc.
E.D. La. · 2024 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 46 In re Tex. Pig Stands, Inc., 610 F.3d 937 , 941 n.4 (5th Cir. 2010) (citing Oliver v. Scott, 276 F.3d 736, 740 (5th Cir. 2002)). 47 Fed.
discussed Cited as authority (rule) Kronlage Family Limited Partnership v. Eagan Insurance Agency, LLC
E.D. La. · 2023 · confidence medium
Meant ile BROWN CHIEF JUDGE UNITED STATES DISTRICT COURT 80 706 F.2d 638, 641 (5th Cir.1983) (reversing the district court's order dismissing plaintiffs claims where the prescription issue depended on whether a “reasonable” period of time for performance of the contract at issue had elapsed and noting that “[a] court should be extremely reluctant to grant a motion to dismiss on a ground that requires a determination of ... facts that are not normally ascertainable from the pleadings.”). 81 Rec.
discussed Cited as authority (rule) Price v. Luster Products, Inc. (2×)
E.D. La. · 2022 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983). 67 Hensgens v. Deere & Co., 869 F.2d 879, 880 (5th Cir. 1989). 68 Bustamento v. Tucker, 607 So. 2d 532, 537 (La. 1992). 69 Turner v. Willis Knighton Medical Center, No. 12-0703 (La. 12/4/12); 108 So. 3d 60, 65 . 70 Carter v. Haygood, No. 04-0646 (La. 1/19/05); 892 So.2d 1261, 1267 . 71 Id.
examined Cited as authority (rule) Vodicka v. Ermatinger (3×) also: Cited "see"
N.D. Tex. · 2022 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983); Fed. of the Florida-filed complaint that might potentially plead facts underlying the October 20, 2016, warrantless- entry claim (e.g., if Aubrey’s October 24, 2016, complaint letter to the Dallas Police Department’s Public Integrity Unit detailed the facts of the detectives’ October 20 entry).
cited Cited as authority (rule) Lefkowitz v. GEICO Advantage Insurance Company
E.D. La. · 2022 · confidence medium
Co. of Memphis, 706 F.2d 638, 640 (5th Cir. 1983). 55 Johnson v. Foremost Ins.
cited Cited as authority (rule) Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG
N.D.N.Y. · 2022 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983)).
cited Cited as authority (rule) Novartis Pharma AG v. Regeneron Pharmaceuticals, Inc.
N.D.N.Y. · 2022 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983)).
discussed Cited as authority (rule) Metro Service Group, Inc. v. Waste Connections Bayou, Inc.
E.D. La. · 2021 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 74 Hensgens v. Deere & Co., 869 F.2d 879, 880 (1989). 75 Bustamento v. Tucker, No. 92-C-0523 (La. 10/19/92), 607 So. 2d 532, 537 . 76 Turner v. Willis Knighton Medical Center, Nos. 2012-C-0703, 2012-C-0742 (La. 12/4/12), 108 So. 3d 60, 65 . 77 Carter v. Haygood, No. 2004-0646 (La. 1/19/05), 892 So.2d 1261, 1267 . to show the action has not prescribed.78 When determining the applicable prescriptive period, Louisiana courts look to “the character of an action disclosed in the pleadings.”79 Louisiana Civil Code article 3499 provides th…
discussed Cited as authority (rule) Wiley v. Wabtec Manufacturing Solutions, LLC
E.D. Tex. · 2021 · confidence medium
Co. of Memphis, 706 F.2d 638, 640 (5th Cir. 1983) (“While a statute-of-limitations defense may be raised in a motion to dismiss under Fed.
discussed Cited as authority (rule) Petrobras America v. Samsung Heavy
5th Cir. · 2021 · confidence medium
Co. of Memphis, 706 F.2d 638, 640 (5th Cir. 1983) (“While a statute-of- limitations defense may be raised in a motion to dismiss under Fed.
cited Cited as authority (rule) Durant v. Gretna City
E.D. La. · 2021 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983).
cited Cited as authority (rule) Buraimoh v. BMW of North America, LLC
W.D. Tex. · 2020 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983) (citation omitted).
cited Cited as authority (rule) Llort v. BMW of North America, LLC
W.D. Tex. · 2020 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir. 1983) (citation omitted).
cited Cited as authority (rule) 1312-1314 Antonine, LLC v. New Orleans City
E.D. La. · 2020 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 35 R.
cited Cited as authority (rule) Ancira v. New Orleans City
E.D. La. · 2020 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 39 R.
cited Cited as authority (rule) Brown v. Social Security Administration
E.D. La. · 2019 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5th Cir. 1983). 35 Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000) (citing Fed.
discussed Cited as authority (rule) Doherty v. Shelter Mutual Insurance Company
S.D. Miss. · 2019 · confidence medium
P. 12(b)(6), but the defense is subject to the traditional rule that the motion cannot be granted unless ‘it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Cross v. Lucius, 713 F.2d 153, 156 (5th Cir. 1983) (quoting Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983)).
cited Cited as authority (rule) First American Bankcard, Inc. v. Smart Business Technology, Inc.
E.D. La. · 2016 · confidence medium
Co., 706 F.2d 638, 641 (5th Cir.1983).
discussed Cited as authority (rule) Pitre v. Yamaha Motor Co.
E.D. La. · 2014 · confidence medium
Jones v. Alcoa, Inc., 339 F.3d 359, 366 (5th Cir.2003). . 579 So.2d 1066, 1070-71 (La.App. 4 Cir. 1991). . 255 La. 597 , 232 So.2d 285 , 287 (1970). . 706 F.2d 638, 641 (5th Cir.1983) (reversing the district court's order dismissing a plaintiff's complaint where the question'of whether the action had prescribed depended on a determination of whether a "reasonable” period of time for performance of a contract had elapsed, and noting that "[a] court should be extremely reluctant to grant a motion to dismiss on a ground that requires a determination of ... facts that are not normally ascertaina…
discussed Cited as authority (rule) Jules v. Atty Gen USA
3rd Cir. · 2006 · confidence medium
Co. of Memphis, Tenn., 706 F.2d 638, 640 (5 th Cir. 1983) (court declines to dismiss pro se appeal for failure to comply with requirements of brief where brief, liberally construed, contains allegation of trial court error).
cited Cited as authority (rule) Weizmann Institute of Science v. Neschis
S.D.N.Y. · 2002 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983)) '(internal quotations omitted). 'Because these claims arise under New York law, the New York statutes of limitations apply.
discussed Cited as authority (rule) Friedman v. Wheat First Securities Inc.
S.D.N.Y. · 1999 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983) (internal quotations omitted)); see also Egelston v. State University College, 535 F.2d 752, 754 (2d Cir.1976); Banco De Desarrollo Agropecuario v. Gibbs, 709 F.Supp. 1302, 1309-10 (S.D.N.Y.1989).
cited Cited as authority (rule) Old Republic Insurance v. Hansa World Cargo Service, Inc.
S.D.N.Y. · 1999 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983) (citation omitted) (cited by Ortiz v. Cometta, 867 F.2d 146, 148 (2d Cir.1989)).
discussed Cited as authority (rule) Meridien International Bank Ltd. v. Government of the Republic of Liberia
S.D.N.Y. · 1998 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983) (internal quotations omitted)); see also Egelston v. State University College, 535 F.2d 752, 754 (2d Cir.1976); Banco De Desarrollo Agropecuario v. Gibbs, 709 F.Supp. 1302, 1309-10 (S.D.N.Y.1989).
cited Cited as authority (rule) Rutland v. Office of the Attorney General
S.D. Miss. · 1994 · confidence medium
Abdul-Alim Amin v. Universal Life Insurance Company of Memphis, Tennessee, 706 F.2d 638, 640 (5th Cir.1983).
cited Cited as authority (rule) Mills v. INJURY BENEFITS PLAN OF SCHEPPS-FOREMOST
N.D. Tex. · 1993 · confidence medium
Abdul-Alim Amin v. Universal Life Insurance Company of Memphis, Tennessee, 706 F.2d 638, 640 (5th Cir.1983).
cited Cited as authority (rule) Pereira v. Centel Corp. (In Re Argo Communications Corp.)
Bankr. S.D.N.Y. · 1991 · confidence medium
In re Ahead By A Length, Inc, supra, citing, Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983).
cited Cited as authority (rule) Eisenberg v. Feiner (In Re Ahead by a Length, Inc.)
Bankr. S.D.N.Y. · 1989 · confidence medium
Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983). 1.
discussed Cited as authority (rule) Banco De Desarrollo Agropecuario, S.A. v. Gibbs
S.D.N.Y. · 1989 · confidence medium
“While a statute of limitations defense may be raised in a motion to dismiss ... such a motion should not be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his *1310 claim which would entitle him to relief.” Oritz v. Cometta, 867 F.2d 146 (2d Cir. 1989) (internal quotes omitted) (quoting Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir. 1983)); Egelston v. State University College, 535 F.2d 752, 754 (2d Cir.1976).
discussed Cited as authority (rule) Ortiz v. Cornetta
2d Cir. · 1989 · confidence medium
This left her with two choices: either (1) she could recommend that the motion be denied because some doubt still existed as to when the complaint actually arrived in the pro se office, see Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983) ("[w]hile a statute-of-limitations defense may be raised in a motion to dismiss under Fed.R.Civ.P. 12(b)(6), such a motion should not be granted unless 'it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief' ") (emphasis added) (citation omitted); Egelsto…
discussed Cited as authority (rule) Ortiz v. Cornetta
2d Cir. · 1989 · confidence medium
This left her with two choices: either (1) she could recommend that the motion be denied because some doubt still existed as to when the complaint actually arrived in the pro se office, see Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983) (“[w]hile a statute-of-limitations defense may be raised in a motion to dismiss under Fed.R.Civ.P. 12(b)(6), such a motion should not be granted unless ‘it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’ ”) (emphasis added) (citation omitted);…
discussed Cited as authority (rule) O.J. Vincent v. A.C. & S., Inc. (2×)
5th Cir. · 1987 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983).
cited Cited as authority (rule) Tom M. Bush v. United States of America, U.S. Department of State
5th Cir. · 1987 · confidence medium
Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983).
cited Cited as authority (rule) Bernetta Hilbun v. David J. Goldberg
5th Cir. · 1987 · confidence medium
Co., 706 F.2d 638, 640 (5th Cir.1983). 3 .
cited Cited as authority (rule) Rhett G. Campbell, Trustee, Joseph C. Canizaro, Intervenor-Appellant v. Wells Fargo Bank, N.A.
5th Cir. · 1986 · confidence medium
Abdul Alim Amin *443 v. Universal Life Insurance Co. of Memphis, 706 F.2d 638, 640 (5th Cir.1983).
discussed Cited as authority (rule) Baldwin v. B.J. Hughes, Inc. (2×)
W.D. La. · 1985 · confidence medium
Co. of Memphis, Tennessee, 706 F.2d 638, 640 (5th Cir.1983); Mann v. Adams Realty Co., 556 F.2d 288, 293 (5th Cir.1977).
discussed Cited as authority (rule) Lawler v. Lomas & Nettleton Financial Corp. (In Re Lawler) (2×)
Bankr. N.D. Tex. · 1985 · confidence medium
Abdul Alim-Amin v. Universal Life Insurance Company of Memphis, 706 F.2d 638, 640 (5th Cir.1983); Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir.1982).
discussed Cited as authority (rule) Marilyn Duncan, Et Vir, A.Y. Duncan v. H.M. Leeds, M.D. And Roy McDonald M.D.
6th Cir. · 1984 · confidence medium
See, e.g., Hospital Building Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 , 96 S.Ct. 1848, 1850 , 48 L.Ed.2d 338 (1976); Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983).
discussed Cited as authority (rule) Wallace Watts v. Odom Graves, Sheriff
5th Cir. · 1983 · confidence medium
The statute of limitations may serve as a proper ground for dismissal under Federal Rule of Civil Procedure 12(b)(6), Cross v. Lucius, 713 F.2d 153, 156 (5th Cir.1983), but only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983).
discussed Cited as authority (rule) Brown v. United Transportation Union
W.D. Tex. · 1983 · confidence medium
A motion to dismiss under Fed.R.Civ.P. 12(b)(6) should not be granted unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Abdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (5th Cir.1983) (per curiam) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)).
discussed Cited as authority (rule) V.L. Cross v. Howell K. Lucius (2×)
5th Cir. · 1983 · confidence medium
A statute-of-limitations defense may be raised in a motion to dismiss under Fed.R.Civ.P. 12(b)(6), but the defense is subject to the traditional rule that the motion cannot be granted unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Abdul-Alim Amin v. Universal Life Insurance Go., 706 F.2d 638, 640 (5th Cir.1983) (quoting Mann v. Adams Realty Co., 556 F.2d 288, 293 (5th Cir.1977)).
discussed Cited "see, e.g." Skatteforvaltningen v. The Goldstein Law Group PC 401(K) Profit Sharing Plan
S.D.N.Y. · 2020 · signal: see also · confidence medium
See also Spagnola v. Chubb Corp., 574 F.3d 64, 73 (2d Cir. 2009) (plaintiff is “not required to preemptively plead facts refuting” an affirmative defense). 50 Ortiz v. Cornetta, 867 F.2d 146, 148 (2d Cir. 1989) (emphasis in original) (quoting ~—Ahdul-Alim Amin v. Universal Life Insurance Co., 706 F.2d 638, 640 (Sth Cir.1983)).
Retrieving the full opinion text from the archive…
Jamil ABDUL-ALIM AMIN, Plaintiff-Appellant,
v.
UNIVERSAL LIFE INSURANCE COMPANY OF MEMPHIS, TENNESSEE, Defendant-Appellee
82-3725.
Court of Appeals for the Fifth Circuit.
Jun 6, 1983.
706 F.2d 638
1983 U.S. App. LEXIS 27006
Jamil Abdul-Alim Amin, pro se., Brown & Evans, Walter L. Evans, Memphis, Tenn., Ronald C. Davis, New Orleans, La., for defendant-appellee.
Gee, Per Curiam, Randall, Tate.
Cited by 82 opinions  |  Published
PER CURIAM:

The plaintiff, Jamil Abdui-Alim Amin, commenced this breach-of-contraet action in the federal district court on August 1, 1982. In its motion to dismiss, filed pursuant to Fed.R.Civ.P. 12(b), the defendant, Universal Life Insurance Company, maintained, inter alia, that the federal court did not have jurisdiction to entertain the plaintiff’s claim and that the claim was' barred by the state period of prescription. After the plaintiff amended his complaint to include allegations that there was diversity of citizenship between the parties and that the relief sought was greater than the jurisdictional prerequisite of $10,000, see 28 U.S.C. § 1332, the district court dismissed the plaintiff’s action on the ground that it was time-barred under thp Louisiana pre[*640] scription statute. The plaintiff appealed. [1] For the reasons set forth below, we reverse and remand for further proceedings not inconsistent with this opinion.

The plaintiff began to work for the defendant in February, 1968, at its Lake Charles, Louisiana office. The plaintiff alleged in his complaint that in January, 1972, the defendant made an oral agreement to provide him with a written contract to manage the Jackson, Mississippi district if he did a good job as acting manager of the Lake Charles district. On August 2, 1972, Amin quit his job because the defendant had not offered him the promised contract.

While a statute-of-limitations defense may be raised in a motion to dismiss under Fed.R.Civ.P. 12(b)(6), such a motion should not be granted unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Mann v. Adams Realty Co., 556 F.2d 288, 293 (5th Cir. 1977) (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957)). In its consideration of a rule 12(b)(6) motion, the court “must accept as true all well pleaded facts in the complaint, and the complaint is to be liberally construed in favor of the plaintiff.” Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir.1982); accord, 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357 (1969).

In this diversity action, the Louisiana prescriptive period is controlling. See Guaranty Trust Co. v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945). Under Louisiana law, a breach of contract action must be brought within ten years of the date that the cause of action arose. La.Civ. Code Ann. § 3544 (West 1953); Scobee v. Lewis, 264 So.2d 704, 708 (La.App.), writ denied, 262 La. 1179, 266 So.2d 451 (La. 1972). The prescriptive period is computed from the date that the contract was allegedly breached, not from the date that it was entered into, Deshotels v. Fruge, 364 So.2d 258, 261 (La.App.1978), and the period continues to run through midnight of the last day of the tenth year. Breaux v. Broussard, 116 La. 215, 40 So. 639 (1906) (where period began to run on February 6, 1895, prescription was acquired on February 7, 1905).

The district court summarily dismissed the plaintiff’s suit on the ground that it was time barred. The plaintiff argues, however, that his action was timely filed because the defendant’s “repeated failure” to give him a written contract constituted a breach that continued until' the date he quit. Under the plaintiff’s theory of the case, his suit would not be barred by the prescriptive statute because his complaint was filed within the ten-year period. He maintains further that the defendant’s failure to pay him bonuses and overrides earned during the second quarter of the year, which were due two weeks after he left the company, constituted a second breach that occurred within the statutory period.

The plaintiff has not indicated whether the defendant was to have evaluated his performance as an acting manager within any specified time period, although he does complain of the company’s failure to offer him a written contract at the end of the first quarter of the year. Where a contract does not specify the time for performance, a party’s obligation must be performed within a reasonable period of time under the circumstances of the case. R.E.E. DeMontluzin Co. v. New Orleans N.E. Railroad, 116 La. 822, 118 So. 33, 35 (1928) (one to two years reasonable time in which to build railroad station and action brought forty years after contract entered into clearly barred by ten-year prescriptive period); Owens v. Robinson, 329 So.2d 766,[*641] 767 (La.App.1976) (five-month delay too long under contract for delivery of cotton where time was of the essence); Perrin v. Hellback, 296 So.2d 342, 344 (La.App.), writ denied, 300 So.2d 184 (La.1974) (failure to begin construction of building within two years constituted breach where contract called for completion of building within three years). If seven months was a reasonable length of time in which to evaluate an employee’s performance as manager of an insurance office, then the plaintiff’s suggestion that the breach occurred as of August 2, 1972 might defeat the defendant’s prescription defense. [2]

The district court did not explain its reasons for concluding that the plaintiff’s action was time barred. A court should be extremely reluctant to grant a motion to dismiss on a ground that requires a determination of the reasonable length of time for performance of a contract, in light of the fact that such a determination depends on the specific circumstances of the case and the intentions of the parties, facts that are not normally ascertainable from the pleadings. Since our review of the pleadings indicates that the complaint might not be time barred, i.e., if the alleged breaches occurred on or after August 2, 1972, the court’s dismissal of the plaintiff’s action is reversed and the case remanded for further proceedings not inconsistent with this opinion.

In reversing the district court’s summary disposition of this case, however, we do not intimate any view about the validity of the defendant’s various grounds for dismissal or the merits of the plaintiff’s claim. We note that the defendant has challenged the jurisdiction of the federal court to entertain the plaintiff’s claims. On remand, the district court should first determine whether it has jurisdiction over the plaintiff’s breach-of-contract claims and then go on to consider the defendant’s other grounds for dismissal and, if appropriate, the merits of the plaintiff’s claims.

REVERSED and REMANDED.

1

. The defendant has urged this court to dismiss the plaintiffs appeal on the basis of the plaintiff’s failure to comply with the requirements for filing an appellate brief. See Fed.R.App.P. 28. Since the plaintiff is pro se, and since his brief, liberally construed, contains an assertion of trial court error, we decline to dismiss his appeal. Cf. Barksdale v. King, 699 F.2d 744, 746 (5th Cir.1983) (pro se litigant’s pleadings liberally construed).

2

. On the other hand, if seven months was a reasonable length of time for performance of the defendant’s agreement to give the plaintiff a written contract, then the defendant may not have ever breached that agreement.