Legal Opinion

Rock-Ola Manufacturing Corp. v. Wertz

Court of Appeals for the Fourth Circuit

Decided November 12, 1957No. 7496PublishedCited by 7 opinions

1Opinion of the Court

SOBELOFF, Circuit Judge.

This litigation was begun in the District Court for the Eastern District of Virginia by a foreign corporation to recover a balance of $38,296.98 claimed to be due for merchandise. The defendants filed a preliminary motion to dismiss on the ground that the plaintiff, Rock-Ola Manufacturing Corporation, a Delaware corporation with plant and offices in Chicago, had failed to obtain a certificate of authority to transact business in Virginia, and that, as provided by the law of that State,1 the action could not be maintained.

After taking evidence as to the relation between…

2Cases cited10 opinions

  1. Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
  2. Superior Concrete Accessories, Inc. v. KemperSupreme Court of Missouri · 1955
  3. Stanley Kahn and Courtney Kahn, Copartners Trading as Kahn Brothers v. The Maico Company, Incorporated, a Body Corporate of the State of MinnesotaCourt of Appeals for the Fourth Circuit · 1954
  4. Tignor v. L. G. Balfour & Co.Supreme Court of Virginia · 1936
  5. Shaw v. JeppsonUtah Supreme Court · 1952

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3Cited by7 opinions

  1. Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star GrillCourt of Appeals for the Fourth Circuit · 1995
  2. Weinstock v. SinatraDistrict Court, C.D. California · 1974
  3. Moore v. Northern Homes of Pennsylvania, Inc.District Court, W.D. Virginia · 1978
  4. F. W. Myers & Co. v. PicheSupreme Court of New Hampshire · 1969
  5. Rock-Ola Manufacturing Corporation v. Dan M. WertzCourt of Appeals for the Fourth Circuit · 1957

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