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The District Court held that the complaint stated a claim under 42 U.S.C. 1983.
And, ADS has not stated a claim that Aladdin did not use its reasonable best efforts.
Martinez has stated a claim for damages resulting from the delay in shipment.
ADS has not stated a claim for breach of § 5.2 of the Merger Agreement.
Thus, ADS has not stated a claim that Aladdin breached the implied covenant of good faith and fair dealing.
Google contends that Plaintiffs have not stated a claim with respect to the Wiretap Act for two reasons.
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P. 12(b)(6) for failure to state a claim.
The five named defendants joined in a motion to dismiss for failure to state a claim.
See Failure to state a claim, Affirmative defense, Complete defense, Partial defense, Excuse, and Justification.
ADS has thus failed to state a claim for breach of § 6.5.6.
The District Court dismissed the suit for failure to state a claim.
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