What is the test for a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Green v. Maraio, 722 F.2d 1013 (2nd Cir. 1983):
Initially, we note that a motion to dismiss for failure to state a claim tests only the sufficiency of a complaint. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). Further, a motion for failure to state a claim should
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