Labels:book | reckoner | sky OCR: This Court is likewise mou limited by the label affixed to the District Court' judgment. 26 as long ago IT Romero International Term. Co., 358 354. 357 n.4 (1959) ("[W]e need not restrict our disposition merely because the proceedi ings below tistically labeled Accordingly the action was prop- erly dismissed with prejudice as the granting motion for summary judgment or the merits 26 See generally, 5A Wright & Miller, Federal Practice and Procedure 1366, 497 (1990) See Bell Chesapeake, 929 F.2d 220, 222 (6th Cir. 1991} {"[a}s an appellate court, we are not bound to the label attached to the trial court's disposition of the case and may treat summary judgment See also, Counly Sanitation Dist. No. Marney, Container Orion Corp. Invs., 803 788 F.2d F.2d 1074, 1063, 1078 1064 {9th (5th Cir Cir 1 ...
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