Margaret C. Jacob, Etc. v. Gregory Curt

We affirm the judgment of the district court on the basis of that court’s reasoning on the issue of proximate cause. See Jacob v. Curt, 721 F.Supp. 1536, 1540-41 (D.R.I. 1989). We add only the following brief remarks:

1. We reject appellant s contention that the district court improperly treated defendant’s motion for dismissal under Fed.R.Civ.P. 12(b)(6) as -a motion for summary judgment under Rule 56. We read the court’s opinion to hold that, based on the allegations in the complaint, appellant failed as a matter of law to state a claim upon which relief could be granted. A plaintiff is not…