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McAULEY v. FEDERAL INS. CO.

No. 06-3757.

500 F.3d 784 (2007)

James Kenneth McAULEY; Terrence Frances McAuley; Matthew Redden McAuley; Aidan Paul McAuley; Kathleen Anne McAuley; Mary Frances Barzee, Appellants, v. FEDERAL INSURANCE COMPANY; Chubb Group of Insurance Companies; Anheuser-Busch Employees Benefits Trust; Anheuser-Busch Companies, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2007.

Attorney(s) appearing for the Case

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

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

Before BYE, BEAM, and SMITH, Circuit Judges.

BEAM, Circuit Judge.

Plaintiffs-Appellants, the children of decedent Terry McAuley, appeal the district court's1 decision dismissing their suit for failure to state a claim upon which relief may be granted. Because the motion to dismiss was converted to, but not decided as, a motion for summary judgment, we reverse and remand for further proceedings.

I. BACKGROUND

Terry McAuley was employed by Anheuser-Busch...

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