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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 Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Side 847
av United States. Supreme Court - 1947
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Cases Decided in the United States Court of Claims ... with ..., Volum 126

United States. Court of Claims, Audrey Bernhardt - 1954 - 1160 sider
...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...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volum 70

United States. Customs Court - 1973 - 642 sider
...If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and are not excluded by the court, the motion shall be treated as one for summary judgment and shall be disposed of as provided in Rule 8.2, and all parties shall be given reasonable opportunity...
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United States Code, Volum 5

United States - 1988 - 1120 sider
...If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a ntation fair and adequate, to intervene and present claims or defenses, or otherwise {.See main edition for text o/(c) and (d)] (e) MOTION FOR MORE DEFINITE STATEMENT. If a pleading to...
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United States Code, Volumer 6-7

United States - 1971 - 1384 sider
...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...
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United States Code, Volum 4

United States - 1982 - 1226 sider
...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...
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United States Code, Volumer 6-7

United States - 1965 - 860 sider
...or fact to that claim for relief. If, on a motion 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 are not excluded by the court, the motion shall be treated as one for summary judgment and shall be...
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 sider
...12(b) is also proposed: "If, on a motion under (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 received by the court, the motion shall be treated as one for summary judgment and disposed of as provided...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 329

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 1000 sider
...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. of any party, unless the court orders that the hearing and determination thereof be deferred until...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 329

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 1026 sider
...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. of any party, unless the court orders that the hearing and determination thereof be deferred until...
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... Amendments to Rules of Civil Procedure for the District Courts of the ...

United States. District Courts - 1947 - 56 sider
...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...
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