Byrd v. Gate Petroleum Co.

WILKINS, Circuit Judge:

Edmund C. Byrd, Sr., administrator of the estate of Edmund C. Byrd, Jr., appeals the dismissal of his wrongful death action against Gate Petroleum Company for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). We affirm.

I

On a motion to dismiss for failure to state a claim, the allegations of the complaint are generally taken as true. Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 176, 66 L.Ed.2d 163 (1980). The complaint alleges that on the evening of November 12, 1984, Gate Petroleum, transacting business as Gate Food Store, sold beer…