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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... "
Spring Valley: Toxic Waste Contamination in the Nation's Capital : Hearing ... - Page 66
by United States. Congress. House. Committee on Government Reform. Subcommittee on the District of Columbia - 2002 - 336 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 118

United States. Court of Claims, Audrey Bernhardt - 1951 - 840 pages
...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...treated as one for summary judgment and disposed of as provided in Rule 51, and all parties shall be given reasonable opportunity to present all material...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 70

United States. Customs Court - 1973 - 642 pages
...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, Volumes 6-7

United States - 1971 - 1104 pages
...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...treated as one for summary Judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...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 disposed of as provided in Rule 64, and all parties shall be given reasonable opportunity...
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 pages
...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 in Rule 56, and all parties shall be given reasonable opportunity to present all material...
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... Amendments to Rules of Civil Procedure for the District Courts of the ...

United States. District Courts - 1947 - 56 pages
...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...treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable r opportunity to present all material...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 329

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 1000 pages
...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...treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 329

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 1026 pages
...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...treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to 'present all material...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 329

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 1002 pages
...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...treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material...
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General Rules of Procedure Promulgated July 4, 1947

United States. Indian Claims Commission - 1947 - 40 pages
...on the pleadings, matters outside the pleadings 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 shall be given a reasonable opportunity to present all material pertinent to such a...
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