Stillman v. Fergus County

delivered the Opinion of the Court.,

The Stillmans appeal from an order of the Fergus County District Court dismissing their complaint for damages as to defendant Fergus County. The dismissal was granted pursuant to Fergus County’s Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted, and the court entered a final judgment pursuant to Rule 54(b).

Reversed.

The sole issue raised by appellants is whether the District Court properly granted respondent Fergus County’s motion to dismiss for failure to state a claim. •

In deciding a motion to dismiss, the…