On appeal from the granting of a motion to dismiss, what is the test for accepting the allegations in the complaint as true?
MultiRegion, United States of America
The following excerpt is from Wright v. McMann, 387 F.2d 519 (2nd Cir. 1967):
3 Of course, on appeal from the granting of a motion to dismiss, we must accept the allegations in the complaint as true. Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964).
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