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ed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of her claims that would entitle her to relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1957). The Court must accept all of plaintiffs factual allegations as true. Schuer v. Rhodes, 416 U.S. 232 (1974). Rule 8(a)(2)
the issue and determined travel is not necessary to sustain such a conviction. In United States v. Bailey 228 F.3d 637, 639-40 (6th Cir. 2000), the Sixth Circuit affirmed a conviction under Section 2422(b) where the defendant sent e-mails proposing oral sex and attempted to set up meetings with minor females
ngs "give defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests," notice pleading has been satisfied. Conley.. Gibson, 355 U.S. at 47. For a claim to state a cause of action however, facts, not labels and conclusions must be asserted. Bell Atl. Corp. I. Twombly 550
the issue and determined travel is not necessary to sustain such a conviction. In United States I. Bailey 228 F.3d 637, 639-40 (6th Cir. 2000), the Sixth Circuit affirmed a conviction under Section 2422(b) where the defendant sent e-mails proposing oral sex and attempted to set up meetings with minor females
, we must view the evidence, and all reasonable re in- nis fences from the evidence, in the light t favor- able to the government. United States Gibson, 675 F.2d 825, 829 (6th Cir.), cert. denie ,459 U.S. 972 (1982). We must affirm the conviction if "any rational trier of fact could have found the
eral Reporter. Use Fl CTA6 Rule 28 and Fl CTA6 1OP 206 for rules regarding the cita- tion of unpublished opinions.) United States Court of Appeals, Sixth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Robert D. SCOTT, Defendant-Appellant. No. 924435. July 26, 1993. On Appeal from the United St
/2009 EFTA00182798 Page 7 of 11 162 F.3d 832 162 F.3d 832 (Cite as: 162 F.3d 832) ate standard of review is clear error. See Linked States v. Gibson, 48 F.3d 876, 878 (5th Cir.1995); Balls, 28 F.3d at 1409. We agree that this is the appropriate stand- ard for reviewing a district court's finding
y failing to perform or to offer to per- form will suffer forfeiture. Restatement (Second)of Contracts § 241 (1981). In United States v. Fitch, the Sixth Circuit adopted a somewhat more rigorous stand- ard, holding that the government must prove a "bad faith, intentional, substantial omission" on the part o
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