If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one... United States Code - Page 185by United States - 1988Full view - About this book
| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1954 - 1160 pages
...If, on a motion asserting the defense numbered (2) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...one for summary judgment and disposed of as provided hi Rule 51, and all parties shall be given reasonable opportunity to present all material made pertinent... | |
| United States - Law - 1971 - 1384 pages
...judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the...material made pertinent to such a motion by Rule 56. (d) Preliminary hearings. The defenses specifically enumerated (1) — (7) in subdivision (b) of this... | |
| United States - Law - 1982 - 1226 pages
...dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside of he motion by Rule 56. (c) Motion for Judgment on the Pleadings. After the pleadings are closed but within... | |
| United States - Law - 1965 - 860 pages
...motion shall be treated as one for summary judgment and shall be disposed of as provided in Rule 64, and all parties shall be given reasonable opportunity...all material made pertinent to such a motion by Rule 64. (d) Preliminary hearings. — The defenses specifically enumerated (1) and (2) in paragraph <b)... | |
| Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 pages
...a motion for judgment on the pleadings, matters outside the pleadings are presented to and received by the court, the motion shall be treated as one for...summary judgment and disposed of as provided in Rule 56 [pp. 224-225, sitj>ra\, and all parties shall be given reasonable opportunity to present all material... | |
| United States. District Courts - Civil procedure - 1947 - 56 pages
...If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...Rule 56, and all parties shall be given reasonable r opportunity to present all material made pertinent to such a motion by Rule 56. (c) MOTION FOR JUDGMENT... | |
| United States. Indian Claims Commission - Indians of North America - 1947 - 40 pages
...If, on a motion asserting the defense numbered (4) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...pleading are presented to and not excluded by the Commission, the motion shall be treated as one for summary judgment and disposed of, and all parties... | |
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