Wheeler v. Main Hurdman

How later courts describe this case

• where subject matter jurisdiction is intertwined with a substantive claim the motion should be converted into one for summary judgment
• “We find that the determination of whether [plaintiff] qualifies as an employee under the federal discrimination statutes is both a jurisdictional question and an aspect of the substantive claim in her discrimination action”
• "When subject matter jurisdiction is dependent upon the same statute which provides the substantive claim in the case, the jurisdictional claim and the merits are considered to be intertwined."
• “[W]hen a party submits material beyond the pleadings in support of or opposing a motion to dismiss, the prior action on the part of the parties puts them on notice that the judge may treat the motions as a Rule 56 motion.”
• common law and economic realities tests