Roger Taylor v. Kennedy Engine, Inc., Newman Crane Service

GARWOOD, Circuit Judge:

Plaintiff-appellant Roger Taylor (Taylor) appeals the dismissal of his personal injury complaint against defendant-appellee Newman Crane Company (Newman). The district court granted a motion to dismiss the complaint as to Newman for failure to state a claim under Fed.R.Civ.P. 12(b)(6). 1 Although the court considered matters outside the pleadings, apparently without affording the ten-day notice provided for in Rule 56(c), see Powell v. United States, 849 F.2d 1576, 1578-79 (5th Cir.1988), no complaint is made in that regard on appeal. The district court’s ruling was…