Raber v. Osprey Alaska, Inc.

*677 ORDER ON DEFENDANT’S MOTION TO DISMISS

KOVACHEVICH, Chief Judge.

THIS CAUSE is before the Court on Defendant, Charles J. Lukey’s [hereinafter “Charles Lukey”], Motion to Dismiss, (Dkt.29), filed on May 7, 1999, and Plaintiffs, Vernon A. Raber’s and June D. Raber’s, response thereto, (Dkt.32), filed on May 25, 1999.

STANDARD OF REVIEW

A district court should not dismiss a complaint unless it appears, “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” See Conley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957).…