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Continental Telephone Corporation v. Weaver

United States Court of Appeals, Fifth Circuit
May 9, 1969
410 F.2d 1196 (5th Cir. 1969)

Opinion

No. 26187.

May 9, 1969.

John E. Grenier, James A. Simpson, Reid B. Barnes, Birmingham, Ala., for appellant. Lange, Simpson, Robinson Somerville, Birmingham, Ala., of counsel.

Frank Bainbridge, Birmingham, Ala., Hugh Reed, Jr., Centre, Ala., pro se. Bainbridge Mims, Birmingham, Ala., of counsel.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.


This is an appeal from a summary judgment granted by the trial court dismissing a suit for specific performance of a contract by which the appellant agreed to acquire all the outstanding shares of stock of an Alabama telephone company.

Although other defenses were asserted, the trial court based its judgment denying relief on the defense provided by an Alabama statute permitting the avoiding of all contracts made in Alabama by a foreign corporation which had not registered in Alabama, if it was doing business in that state. See Alabama Stat. Title 51, Sec. 342 (1958).

It appearing without dispute that Continental had engaged in a number of acts that, under the laws of the State of Alabama, amount to doing business in that state, we conclude that the trial court properly disposed of the suit by giving effect to this defense.

The judgment is affirmed.


Summaries of

Continental Telephone Corporation v. Weaver

United States Court of Appeals, Fifth Circuit
May 9, 1969
410 F.2d 1196 (5th Cir. 1969)
Case details for

Continental Telephone Corporation v. Weaver

Case Details

Full title:CONTINENTAL TELEPHONE CORPORATION, Appellant, v. M.G. WEAVER et al.…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 9, 1969

Citations

410 F.2d 1196 (5th Cir. 1969)

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