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BYRD v. GATE PETROLEUM CO.

No. 87-1696.

845 F.2d 86 (1988)

Edmund C. BYRD, Sr., Administrator of the Estate of Edmund C. Byrd, Jr., deceased, Plaintiff-Appellant, v. GATE PETROLEUM COMPANY, a Florida Corporation, t/a Gate Food Store, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 26, 1988.

Attorney(s) appearing for the Case

Jeffrey Harry Krasnow, Roanoke, Va., for plaintiff-appellant.

Phillip V. Anderson (J. Rudy Austin, Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for defendant-appellee.

Before PHILLIPS and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

WILKINS, Circuit Judge:

Edmund C. Byrd, Sr., administrator of the estate of Edmund C. Byrd, Jr., appeals the dismissal of his wrongful death action against Gate Petroleum Company for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). We affirm.

I.

On a motion to dismiss for failure to state a claim, the allegations of the complaint are generally taken as true. Hughes v. Rowe, 449 U.S. 5

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