[parsifal]

Page 3 of the Ankeny decision. 2nd sentence of the first full paragraph says it TESTS THE LEGAL SUFFICIENCY OF THE CLAIM. Its the facts you don’t contest. The LEGAL merits of the Plaintiff’s, the “Not an NBC” part, has been tested, and it failed.

Again, its a ONE SENTENCE holding for the most part. pretty clear.

parsy

[RegulatorCountry]

That's funny, I've already cited that exact sentence for you, from page 3, first paragraph, second sentence, parsifal. The case was dismissed for failing to state a claim. Again:

The sole issue is whether the trial court erred when it dismissed Plaintiffs?complaint. A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it.

Maybe paraphrasing would allow you to understand: the only question to be determined by the court is if a mistake was made in dismissing the case for failing to state a claim. Such a motion (as dismissing a case for failing to state a claim) only takes into consideration whether there is an actionable legal basis for Plaintiff appearing before the court. It does not extend to evaluation of the merits of any factual supporting information.

Does this help?