SIMPSON v. MERCHANTS RECOVERY BUREAU, INC.

No. 98-2004.

171 F.3d 546 (1999)

Carmencita SIMPSON, Plaintiff-Appellant, v. MERCHANTS RECOVERY BUREAU, INC., doing business as Recoveries Unlimited, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Daniel A. Edelman, James O. Latturner (argued), Edelman & Combs, Chicago, IL, for Plaintiff-Appellant.

Richard T. Sikes, Jr. (argued), Freeborn & Peters, Chicago, IL, for Defendant-Appellee.

Before FLAUM, KANNE, and EVANS, Circuit Judges.


KANNE, Circuit Judge.

Carmencita Simpson appeals from the district court's sua sponte grant of summary judgment in favor of Merchants Recovery Bureau, Inc. ("MRB"). Because Simpson received neither proper notice that the district court was considering entering summary judgment against her, nor a fair opportunity to present evidence in opposition to the entry of summary judgment, we vacate the judgment of the district court and remand the case for further proceedings...

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