...ground, thus precluding any opportunity for the plaintiffs by subsequent proof to establish a claim. When a federal court reviews the sufficiency of a...claimant is entitled to offer evidence to support the claims. Indeed it may appear on the face of the pleadings that a recovery is very remote and unlikely...

...ground, thus precluding any opportunity for the plaintiffs by subsequent proof to establish a claim. When a federal court reviews the sufficiency of a...claimant is entitled to offer evidence to support the claims. Indeed it may appear on the face of the pleadings that a recovery is very remote and unlikely...

...94 S.Ct. l683, 40 L.Ed.2d 90 (l974) explained this preliminary review of the complaint as follows: When a federal court reviews the sufficiency of a...necessarily a limited one. The issue is not whether am plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support...

...dismiss under Fed. R. Civ. P. 12(b)(6) is one of limited inquiry, focusing not on "whether a [claimant] will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims," Scheuer v. Rhodes, 416 US 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed. 23 90 (1974). Accordingly,...

...at 747. lt is mportant to understand, however, that the court's task on lhis issue is not to decide "whether a plaintiff will ultimately prevail, but...claimant is entitled to offer evidence to support Vie claims.* Scheuer, 416 US at 236. Therefore, after a review ol the factual allegations of this lnstant...