Humboldt Foods, Inc. v. Massey

OPINION ■

ORMA R. SMITH, District Judge.

On January 16, 1967 this Court received a motion to dismiss on the ground that the plaintiff, a Tennessee corporation, lacked capacity to sue since it had not complied with the provisions of Mississippi Code Annotated, Section 5309-221 (Supp.1964). On November 27, 1968 this Court heard oral arguments in Oxford, Mississippi, both on the law and on the facts involved in the motion.

The record discloses that in February, 1966 the defendant Rudolph Massey, accompanied by Homer Green and Tom Harris (all residents of Mississippi), travelled to Humboldt,…