McLAUGHLIN, Circuit Judge: “What’s in a name? That which we call a rose By any other name would smell as sweet.” William Shakespeare, Romeo and Juliet, act 2, sc. 2. In this appeal, we review the decision of the district court to consider a motion expressly made under Fed.R.Civ.P. 12(b)(6) to dismiss despite the fact (according to the plaintiff) that the d…
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