United States Eighth Circuit

In an ERISA action arising from a plan's denial of claims for benefits under policies of insurance against accidental death, dismissal of plaintiffs' suit for failure to state a claim upon which relief may be granted is reversed and remanded as the district court's consideration of matters outside the complaint transformed defendant's motion to dismiss into a summary judgment motion, and the parties should have a chance to properly create the summary judgment record.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• BEAM, Circuit Judge., Before BYE, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James P. Bick, Jr., argued, Adam R. Lorenz, on the brief, Clayton, MO, for appellant.


• For Appellees:
  
• Scott C. Hecht, argued, Juliana Reno and Erin C. Kobler, on the brief, Kansas City, MO, for appellee.