Radio Whkw, Inc., an Alabama Corporation v. Ben Yarber
Court of Appeals for the Fifth Circuit
1Opinion of the Court
KING, Circuit Judge:
Radio WHKW, Inc., an Alabama corporation, appeals the district court’s dismissal of its breach of contract claim against Ben Yarber, a Mississippi resident, for lack of subject matter jurisdiction. The district court concluded that Radio WHKW had “localized” its business activities in Mississippi, thereby engaging in intrastate commerce — but without first qualifying to do so under Mississippi laws which govern foreign corporations transacting business in the state. Therefore, the district court held, the radio station was barred from prosecuting a lawsuit in any…
2Cases cited10 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Dahnke-Walker Milling Co. v. BondurantSupreme Court of the United States · 1921
- Allenberg Cotton Co. v. PittmanSupreme Court of the United States · 1974
- Union Brokerage Co. v. JensenSupreme Court of the United States · 1944
- Eli Lilly & Co. v. Sav-On-Drugs, Inc.Supreme Court of the United States · 1961
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3Cited by11 opinions
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- Breaux and Daigle, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
- SANWA BUSINESS CR. CORP. v. GB" Boots" Smith Corp.Supreme Court of Alabama · 1989
- Arab African International Bank v. EpsteinCourt of Appeals for the Third Circuit · 1993
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