Legal Opinion

Associates Capital Services Corp. v. Loftin's Transfer & Storage Co.

Court of Appeals for the Fifth Circuit

Decided June 16, 1977No. 76-3035PublishedCited by 15 opinions

1Per curiam

Plaintiff, an Indiana corporation, brought this action in the United States District Court for the Middle District of Alabama to collect contract payments allegedly due and owing from defendant. Defendant claimed that plaintiff’s failure to qualify to do business in Alabama barred prosecution of the suit. The district court held that plaintiff was not “doing business,” within the meaning of Alabama law, and consequently permitted it to maintain the suit. We affirm.

It is well settled law that if a plaintiff is prohibited from maintaining an action in a state court because of its failure to…

2Cases cited12 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
  3. J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
  4. Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
  5. John De Nafo v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1971

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3Cited by15 opinions

  1. Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corporation, Cross-Appellant v. Business Funds, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
  2. Ornellas v. OakleyCourt of Appeals for the Ninth Circuit · 1980
  3. AAA Equipment & Rental, Inc. v. BaileySupreme Court of Alabama · 1980
  4. Foxco Industries, Ltd. v. Fabric World, Inc.Court of Appeals for the Fifth Circuit · 1979
  5. Jefferson Pilot Broadcasting Company v. Hilary & Hogan, Inc.Court of Appeals for the Fifth Circuit · 1980

10 more not listed; retrieve them via the Exa API.

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