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" 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 185
by United States - 1988
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Code of Federal Regulations: 1985-1999

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...
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Rules of Civil Procedure for the United States District Courts: As Amended ...

United States. Supreme Court, United States. Congress. House. Committee on the Judiciary - Civil procedure - 1956 - 96 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) PREIJMINARY HEARINGS. The defenses specifically enumerated (1) — (7) in subdivision (b) of this...
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Cases Decided in the United States Court of Claims ... with ..., Volumes 130-140

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...
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Judicial Review of Veterans' Claims: Hearing Before a Special Subcommittee ...

United States. Congress. House. Committee on Veterans' Affairs - Judicial review of administrative acts - 1960 - 1056 pages
...on a motion asserting the defense numbered (2) to dismiss 14 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...
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Public Works Appropriations for 1962: Hearings Before the Subcommittee of ...

United States. Congress. House. Committee on Appropriations. Subcommittee on Public Works Appropriations - Public works - 1961 - 1104 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." Rule 56 (c). "The motion shall be served at least 10 days before the time fixed for the hearing. The...
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Rules of Civil Procedure for the United States District Courts: As Amended ...

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...
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Reports of the United States Tax Court, Volume 71

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,...
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Reports of the United States Tax Court, Volume 93

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...
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General Rules of Procedure

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...
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Rules of Civil Procedure for the United States District Courts

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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