...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...

...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...

...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...

...excluded by the Commission, the motion shall be treated as one for summary judgment and disposed of, and all parties shall be given reasonable opportunity...present all material made pertinent to such a motion. (c) (1) Motion for summary judgment— (I) For plaintiff. A party seeking to recover on a claim or...

...granted, or on a motion asserting the defenses described in 4h ) or 40 , matters outside of the pleadings are presented to and not excluded by the court, the...for summary judgment and disposed of as provided in s. 802.08, and all parties shall be given reasonable opportunity to present all material made pertinent...

...provisions is not substantial, however, because Rule I2(b)(6) provides that if matters outside the pleadings are presented to and not excluded by the court, the...motion shall be treated as one for summary judgment. . . ." 69 Healey v. Catalyst Recovery Co., 616 F.2d 641 (3d Cir. 1980). "We . . hold that in a case...

...12(b) motion I may treat the motion as one for summary judgment but only if all the parties have been "given reasonable opportunity to present all material made pertinent to such a motion by Rule 56." Summary judgment, however, is not possible in a review of agency action. The determination must be...

...be broadly con10 Rule 12(b) (6) of the Federal Rules of Civil Procedure states, in part : "If . . . matters outside the pleading are presented to and...summary judgment and disposed of as provided in Rule 56 ..." However, having clearly stated that it was treating the government's motion as one made pursuant...

...in determining whether to enter judgment, the motion shall be considered as one for summary judgment "and all parties shall be given reasonable opportunity...present all material made pertinent to such a motion." Similarly, Rule 56 has consistently been interpreted to require both (1) "fair notice" to the nonmovant...

...judgment, the limitations which it imposed on the affidavits of both parties prevented them from having a "reasonable opportunity to present all material made pertinent to such a motion by Rule 56," as Rule 12(bX6) requires. Cf. Beacon Enterprises, Inc. v. Menzies, 715 F.2d 757, 767 (2 Cir.1983)....