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RUSSELL v. HARMAN INTERN. INDUSTRIES, INC.

No. 13-7095.

773 F.3d 253 (2014)

Patrick RUSSELL, on behalf of Himself and All Others Similarly Situated, Appellant v. HARMAN INTERNATIONAL INDUSTRIES, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 2014.

Attorney(s) appearing for the Case

Thomas J. McKenna , pro hac vice, argued the cause for the appellant. Toyja E. Kelley and John B. Isbister were with him on brief.

Sara Pikofsky argued the cause for the appellees. Evan Miller was with her on brief. Thomas F. Cullen, Jr. entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

This appeal involves the conversion process set forth in Rule 12(d) of the Federal Rules of Civil Procedure. That rule provides:

If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary...

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