stating that the decision to dismiss on Rule 12(b)(6) must be made on the *854 basis of the allegations made on the face of the complaint
How later courts described this case
- stating that the decision to dismiss on Rule 12(b)(6) must be made on the *854 basis of the allegations made on the face of the complaint
- stating that the decision to dismiss on Rule 12(b)(6) must be made on the basis of the allegations made on the face of the complaint
- recognizing that the affirmative defense of federal preemption can be the basis of a Rule 12(b)(6) motion
- recognizing that issue of preemption can be the basis of a Rule 12(b)(6) motion
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before GODBOLD, Chief Judge, RO-NEY, TJOFLAT, HILL, FAY, ■ VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.
*1073 BY THE COURT:
A member of this Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause shall be reheard by this Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of en bane briefs.