1. May a Court of Appeals on de novo review of summary judgment refuse to decide a claim predicated on a failure of two non-religious corporations, with religious affiliates, to comply with neutral principles of corporate law, when the sole basis for the District Court's decision was that the Ministerial Exception and Ecclesiastical Abstention Doctrine barred the claim?

2. May the Court of Appeals, on de novo review of a summary judgment, sua sponte weigh the evidence on disputed fact issues and make findings not supported by the record, in direct conflict with this Court's ruling in American Pipe & Const. Co. v. Utah, 414 U.S. 538, 559, 94 S. Ct. 756, 769 (1974), to affirm on the ground of statute of limitations which was not granted by the District Court, to avoid deciding First Amendment issues properly before it?

May a court of appeals on de novo review refuse to decide a claim predicated on a failure of non-religious corporations to comply with neutral principles of corporate law