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KRUGER v. APFEL

No. 98-4193.

214 F.3d 784 (2000)

Charles KRUGER, Plaintiff-Appellant, v. Kenneth S. APFEL, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 2000.

Attorney(s) appearing for the Case

Marcie E. Goldbloom (argued), Chicago, IL, for Plaintiff-Appellant.

Thomas P. Schneider, Office of the United States Attorney, Milwaukee, WI, for Defendant-Appellee.

Before BAUER, CUDAHY, and ESCHBACH, Circuit Judges.

PER CURIAM.

In February 1998, Charles Kruger filed suit in district court challenging the Social Security Administration's (SSA) final decision denying his application for disability benefits. He appeals the dismissal of his suit under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Because the district court abused its discretion by dismissing the case without due warning to Kruger's counsel, we vacate and remand for further proceedings.

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