What is the test for an appeal from the dismissal of an action?
MultiRegion, United States of America
The following excerpt is from Lee v. City of Los Angeles, 250 F.3d 668 (9th Cir. 2000):
"Because this is an appeal from the dismissal of an action pursuant to [Federal Rule of Civil Procedure] 12(b)(6), we accept as true the facts alleged in the complaint. " Zimmerman v. Oregon Dep't of Justice, 170 F.3d 1169, 1171 (9th Cir. 1999), petition for cert. filed, 121 S.Ct. 1186, 149 L.Ed.2d 103 (2001). Plaintiffs allege the following facts:
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