BARRETT, Circuit Judge.
John A. Mitchell (Mitchell) appeals from the Order of the District Court granting appellee's Motion to Dismiss the Complaint and cause of action for failure to state a claim upon which relief can be granted.
When a complaint and action are dismissed for failure to state a claim upon which relief can be granted, it must appear beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to...
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