Under the Federal Rules of Civil Procedure,a motion for dismissal may be grantedwhen no genuine issue of material facts exists and a party is entitled to judgment as amatter of law.

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A motion for dismissal under the Federal Rules of Civil Procedure typically involves a claim that the complaint fails to state a claim upon which relief can be granted, not the absence of a genuine issue of material fact. A motion for summary judgment, not a motion for dismissal, is granted when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Under the Federal Rules of Civil Procedure,a Motion for Dismissal