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COAKLEY & WILLIAMS, INC. v. SHATTERPROOF GLASS CORP.

No. 81-1899.

706 F.2d 456 (1983)

COAKLEY & WILLIAMS, INC., a Maryland Corporation, Appellant, v. SHATTERPROOF GLASS CORPORATION, a Delaware Corporation, Appellee, v. WASHINGTON PLATE GLASS CO., INC., a Washington, D.C. Corporation, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1983.

Attorney(s) appearing for the Case

C. Lawrence Wiser, Kensington, Md., for appellant.

Gerald I. Katz, Vienna, Va. (Wickwire, Gavin & Gibbs, P.C., Mark J. Stone, Vienna, Va., on brief), for appellee.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

The strategy of experienced trial lawyers is to avoid, in all but the clearest case, a defense on the basis of a Federal Rules of Civil Procedure 12(b)(6) motion contending that there has been a "failure to state a claim upon which relief can be granted." At so early a stage, all factual inferences must be made in favor of the plaintiff;1 the facts must be viewed as the plaintiff most strongly can plead them....

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