This appeal requires us to determine whether it was error to dismiss Currier Leasing, Inc.'s (Currier) amended third party complaint against Merrill Transport Co. (Merrill) for "failure to state a claim upon which relief can be granted." Rule 12(b)(6), M.R.C.P.
We conclude the dismissal was error and we sustain Currier's appeal.
FACTS
From the pleadings the following facts emerge...
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