Paisley Products, Inc. v. Trojan Luggage Co.

OPINION AND ORDER ON MOTION TO DISMISS

BAILEY BROWN, Chief Judge.

In this diversity case, plaintiff, a foreign corporation with principal place of business elsewhere, has sued defendant, a Tennessee corporation with principal place of business here, for the contract price of goods sold and delivered by plaintiff to defendant at Memphis. Defendant filed a motion to dismiss, asserting that plaintiff cannot maintain this action because it had not qualified to do business in Tennessee. In reality, this motion has been treated by the parties and the Court as a motion for summary judgment.

At the…