Legal Opinion

Budget Marketing, Inc. v. Commonwealth ex rel. Stephens

Kentucky Supreme Court

Decided September 11, 1979PublishedCited by 2 opinions

1Opinion of the Court

LUKOWSKY, Justice.

The question presented is whether the legislature can constitutionally require nonresidents engaged in the business of soliciting orders, via interstate telephone, for magazines on a subscription basis, the delivery of which is contingent on a future event, to register in each county in the Commonwealth in which they solicit. The trial court and the Court of Appeals answered the question yes. We affirm.

Budget Marketing, Inc. is an Iowa corporation which has no certificate of authority to transact business in this Commonwealth.1 Watson is the sole proprietor of Budget…

2Cases cited11 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Breard v. AlexandriaSupreme Court of the United States · 1951
  3. Raymond Motor Transportation, Inc. v. RiceSupreme Court of the United States · 1978
  4. Paul I. Murphy v. Erwin-Wasey, Inc.Court of Appeals for the First Circuit · 1972
  5. Emert v. MissouriSupreme Court of the United States · 1895

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3Cited by2 opinions

  1. Graham v. MillsKentucky Supreme Court · 1985
  2. Wells v. Kentucky Local Correctional Facilities Construction AuthorityCourt of Appeals of Kentucky · 1987

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