Federal Rule of Civil Procedure 12(d) provides, "If,
on a motion under Rule 12(b)(6) or 12(c), matters
outside the pleadings are presented to and not excludedby the court, the motion must be treated as one forsummary judgment under Rule 56. All parties must begiven a reasonable opportunity to present all thematerial that is pertinent to the motion."

1. Can a Court of Appeals treat a Rule 12(b)(6)
motion to dismiss as a converted motion for summary
judgment under Rule 12(d) when the district courtitself decided the motion as one to dismiss under Rule12(b)(6) and did not treat th e motion as one converted
to summary judgment pursuant to Rule 12(d)?

2. Does the non-movant's presentation to the
district court of materials beyond the complaint alonesatisfy the "reasonable opportunity" of Rule 12(d), or issomething more required?

Can a Court of Appeals treat a Rule 12(b)(6) motion to dismiss as a converted motion for summary judgment under Rule 12(d) when the district court itself decided the motion as one to dismiss under Rule 12(b)(6) and did not treat the motion as one converted to summary judgment pursuant to Rule 12(d)?