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The complaint described a scheme in detail but used conclusory language for one required element. Two legally significant facts point in different directions and the decision maker must determine which fact controls. The opponent argues that a bright-line label decides the dispute.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence.