United States Eighth Circuit

In a suit against a retail store alleging that racially discriminatory policies and practices at a Missouri store denied them the same ability to purchase merchandise and access services as enjoyed by others, summary judgment and dismissal for failure to state a claim is reversed where the district court failed in its Rule 12(b)(6) determination to consider all of the allegations in the complaint, including those incorporated by reference, and on summary judgment failed to consider the full record.

Appellate Information

• Decided 07/20/2007
• Published 07/20/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William D. Rotts, Columbia, MO, argued, for appellants.


• For Appellees:
  
• Jeremiah J. Morgan, Bryan Cave LLP, Kansas City, MO, argued (Lynn S. McCreary on the brief), for appellee.