Labels:book | reckoner | sky | tree OCR: parties are "otherwise apprised of the conversion how ever, no error committed making such conversion without formal notice.24 However, the absence fonnal notice excused when harmless. Here t course, Petitioners themselves provided the District Court with statement Of facts that relied on matters outside the pleadings. They can hardly now contend sophisticated litigators, that they were ar notice that the District Court could dismiss the action, warranted under Rule 56 Or that they did not have reasonable opportunity present all pertinent material under Rule 12(b) 74 5AC. Wright and A Miller, Federal Practice pur Procedure 1366, 506 (1990); Clark Caunty, 798 F.2d 736. 745 (5th Cir. 1986) (court's acceptance of material from outsidc the pleadings was sufficient ir itsclf to notify plaintiff ...
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