J. D. Simmons, Inc. v. Alliance Corp.

ORDER

RALPH G. THOMPSON, District Judge.

This is an action for violation of the federal securities laws in which both parties have moved for summary judgment. Rather than set out the facts, pleadings, and arguments presented on this case, the Court will confine itself to the threshold question, presented by plaintiff’s Motion to Strike Defendant’s Motion to Dismiss or in the alternative for Summary Judgment. Briefly stated, the question before the Court in this order is whether the failure to pay the corporate franchise tax and resulting corporate suspension prevents a corporation from…