What is the test for a dismissal for failure to state a cause of action?
MultiRegion, United States of America
The following excerpt is from U.S. v. Weaver, 89 F.3d 848 (9th Cir. 1996):
In reviewing a dismissal for failure to state a cause of action, the court views all allegations of material fact in a complaint as true and construes the facts in the light most favorable to the non-moving party. Oscar v. University Students Coop. Ass'n, 965 F.2d 783, 785 (9th Cir.), cert. denied, 506 U.S. 1020 (1992).
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