Yang v. Lee ( 2002 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 01-2169
    EDWARD D. YANG; HELEN BAO HONG YANG,
    Plaintiffs - Appellants,
    versus
    HOLDEN H. LEE,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA-
    01-257-PJM)
    Submitted:   March 5, 2002                 Decided:   April 16, 2002
    Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    John Christopher Belcher, Oxon Hill, Maryland, for Appellant.
    Douglas J. Behr, Frank J. Vitolo, Luther L. Hajek, KELLER &
    HECKMAN, L.L.P., Washington, D.C., for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Edward and Helen Bao Hong Yang (“Plaintiffs”) appeal the
    district court’s order dismissing their complaint against Holden
    Lee in their action for intentional misrepresentation, breach of
    contract, defamation, extortion, and intentional infliction of
    emotional distress.       We affirm.
    We   review    a   district   court’s   Fed.     R.   Civ.   P.   12(b)(6)
    dismissal for failure to state a claim upon which relief may be
    granted de novo.        Flood v. New Hanover County, 
    125 F.3d 249
    , 251
    (4th Cir. 1997).     In considering a motion to dismiss, we accept the
    complainant’s      well-pleaded    allegations   as    true   and      view   the
    complaint in the light most favorable to the non-moving party.
    Mylan Labs., Inc. v. Matkari, 
    7 F.3d 1130
    , 1134 (4th Cir. 1993).
    With these standards in mind, we affirm the district court’s
    order dismissing Plaintiffs’ complaint based upon the reasoning of
    its memorandum opinion.       See Yang v. Lee, 
    163 F. Supp.2d 554
     (D.
    Md. 2001).    We also deny Lee’s motion for sanctions.            We dispense
    with oral argument because the facts and legal contentions are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 01-2169

Judges: Gregory, Niemeyer, Per Curiam, Traxler

Filed Date: 4/16/2002

Precedential Status: Non-Precedential

Modified Date: 10/19/2024