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
| Administrative law - 1979 - 1052 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... | |
| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 856 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...summary judgment and disposed of as provided in Rule 51, and all parties shall be given reasonable opportunity to present all material made pertinent to... | |
| United States. Congress. House. Committee on the Judiciary - Civil procedure - 1961 - 92 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. on application of any party, unless the court orders that the hearing and determination thereof be... | |
| United States. Tax Court - Taxation - 1979 - 1248 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...material made pertinent to such a motion by Rule 56. (h) Waiver or Preservation of Certain Defenses. (1) A defense of lack of jurisdiction over the person,... | |
| United States. Tax Court - Government publications - 1989 - 1136 pages
...Matters Outside Pleadings: If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the...motion shall be treated as one for summary judgment and shall be disposed of as provided in Rule 121, and all parties shall be given reasonable opportunity... | |
| United States. Indian Claims Commission - Indians of North America - 1972 - 44 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... | |
| United States. District Courts - Civil procedure - 1976 - 116 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...motion shall be treated as one for summary judgment and diposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present... | |
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