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                        as a courtesy to the reader. They are not part of the opinion of the court.

103712P.pdf   09/09/2011  Rosalind Brooks  v.  Midwest Heart Group
   U.S. Court of Appeals Case No:  10-3712
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Bye, Author, with Melloy, Circuit Judge, and Smith
   Camp, District Judge]
   Civil case - Employment Discrimination. Because it relied on matters
   outside the record in dismissing the action for failure to state a claim, the
   district court erred in failing to convert the motion to dismiss into a
   motion for summary judgment; while the error did not prejudice plaintiff
   with respect to her claims for age discrimination and retaliation, it did
   prejudice her with regard to her remaining claims for race and sex
   discrimination, and the dismissal of those claims is reversed; the case is
   remanded for further proceedings.