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an order calendaring respondent's motion for hearing and also
directing petitioners to file a proper amended petition in
accordance with the requirements of Rule 34. In particular, the
Court directed petitioners to file a proper amended petition
setting forth with specificity each error allegedly made by
respondent in the determination of the deficiency and separate
statements of every fact upon which the assignments of error are
based. Petitioners did not file an amended petition and did not
otherwise respond to the Court's Order.
Respondent's motion to dismiss was called for hearing in
Washington, D.C., on August 2, 1995, and again on August 16,
1995. Counsel for respondent appeared at both hearings and
presented argument and evidence in support of the pending motion.
Petitioners did not appear at either hearing, nor did they file
any written statement of their position under Rule 50(c).4
Discussion
Rule 40 provides that a party may file a motion to dismiss
for failure to state a claim upon which relief can be granted.
We may grant such a motion when it appears beyond doubt that the
party's adversary can prove no set of facts in support of a claim
that would entitle him or her to relief. Conley v. Gibson, 355
4 Petitioners were reminded of the applicability of Rule
50(c) in the Court's Order dated June 30, 1995, calendaring
respondent's motion for hearing.
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