United States Seventh Circuit

Court may either treat a Rule 12(b)(6) motion as a motion for summary judgment if the judge considers matters outside the complaint, or not do so and disregard the additional papers. Where parties' contract contains an attorneys' fee provision for successful party, court must explain why such fees and expenses should awarded or denied.

Appellate Information

• Argued 02/16/2001
• Decided 03/09/2001
• Published 03/09/2001

Judges

• EASTERBROOK, Circuit Judge., Before EASTERBROOK, MANION, and DIANE P. WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Douglas N. Masters (argued), Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for plaintiff-appellee., Robert A. Filpi (argued), Paul F. Stack, Stack & Filpi, Chicago, IL, for defendant-appellant.