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KINNEY v. COOK

No. 22704-9-III.

123 P.3d 508 (2005)

130 Wash.App. 436

Clark E. KINNEY and Barbara E. Kinney, individually and the marital community, Appellants, v. Kenneth B. COOK, a single man, Respondent.

Court of Appeals of Washington, Division 3, Panel Two.

November 22, 2005.

Attorney(s) appearing for the Case

Maris Baltins, Tamara W. Murock, Baltins & Murock, P.S., Spokane, WA, for Appellants.

Lawrence R. Small, Erin A. Jacobson, Paine, Hamblen, Coffin, Brooks & Miller LLP, John D. Munding, Attorney at Law, Spokane, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 A motion to dismiss under CR 12(b)(6) is granted only if there is no set of facts pleaded, known, or hypothetical that could justify recovery. Clark and Barbara Kinney appeal an order granting Kenneth Cook's CR 12(b)(6) motion to dismiss their suit under the Washington State Securities Act (WSSA), chapter 21.20 RCW. We cannot conclude that Mr. Cook met his burden to sustain a CR 12(b)(6) motion. We also hold that the Kinneys filed their complaint...

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