Blaha v. A. H. Robins & Co.

OPINION

ENSLEN, District Judge.

This action comes before the Court on Defendant’s Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, and on a Motion to Dismiss pursuant to FRCP 41(b) for failure to prosecute.

In reviewing Defendant’s Motion, the Court’s inquiry at this point in the proceedings — before any evidence is received by affidavit, admission or otherwise — is limited, merely, to whether or not the challenged pleadings set forth allegations sufficient to make out the elements of a right to…