Mid-Continent Telephone Corp. v. Home Telephone Co.

MEMORANDUM OPINION ON THE AFFIRMATIVE DEFENSE THAT PLAINTIFF CANNOT MAINTAIN ITS ACTION BECAUSE OF ILLEGALLY TRANSACTING BUSINESS WITHIN THE STATE OF MISSISSIPPI

READY, Chief Judge.

This diversity action for damages and injunctive relief arising from alleged breach of contract is brought against Home Telephone Company (Home), Lon J. Darley, Rex B. Darley and Union Telephone Company of Mississippi, Inc., all being Mississippi citizens, by Mid-Continent Telephone Corporation (Mid-Continent), which is an Ohio citizen. Defendants have pleaded, as an affirmative defense, that Mid-Continent is doing…