 | United States. Court of Claims, Audrey Bernhardt - 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. 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... | |
 | United States - 1988 - 1120 pages
...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... | |
 | United States - 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 - 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 - 1965 - 860 pages
...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... | |
 | Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 pages
...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... | |
| |
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... 
