What is the test for dismissing a motion for sexual assault?
MultiRegion, United States of America
The following excerpt is from Brooks v. Flagg Bros., Inc., 553 F.2d 764 (2nd Cir. 1977):
Since the case comes before us on the dismissal of the complaint, we accept the plaintiffs' allegations of fact as true. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).
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