Per Curiam.
The court of appeals stated no reasons for its action in dismissing the complaint. However, it sustained the motion to dismiss which contended that under Civ.R. 12(B)(6) appellant's complaint failed to state a claim upon which relief can be granted. The rule provides:
"Every defense, in law or fact, to a claim for relief in any pleading, * * * shall be asserted in the responsive pleading thereto * * *, except that the following defenses...
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