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CLEARWATER TRUST v. BUNTING

No. 26108.

367 S.C. 340 (2006)

626 S.E.2d 334

CLEARWATER TRUST and Russell B. Lentz Trust, Appellants, v. Boyd G. BUNTING and Media General Communications, Inc., Respondents.

Supreme Court of South Carolina.

Decided February 6, 2006.

Attorney(s) appearing for the Case

Marshall Winn, Wallace K. Lightsey, and Troy A. Tessier, all of Wyche, Burgess, Freeman & Parham, of Greenville, for Appellants.

Brent O. Clinkscale and Heather Ruth, both of Womble, Carlyle, Sandridge & Rice, of Greenville, F. Dean Rainey, of Greenville, and Leslie H. Weisenfelder, of Dow, Lohnes & Albertson, of Washington, DC, for Respondents.

Justice PLEICONES:

This is an appeal from a circuit court order dismissing appellants' amended complaint alleging breach of fiduciary duty and securities fraud pursuant to Rule 12(b)(6), SCRCP. We affirm.

STANDARD OF REVIEW

The decision to grant a Rule 12(b)(6) motion to dismiss must be based solely upon the allegations set forth in the complaint. Carolina Care Plan, Inc. v. United Healthcare Services, Inc., 361 S.C....

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