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Continental Telephone Corporation v. M. G. Weaver

CONTINENTAL TELEPHONE CORPORATION, Appellant, v. M. G. WEAVER Et Al., Appellees

Cont'l Tel. Corp. v. M. G. Weaver, 410 F.2d 1196 (5th Cir. 1969)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 9, 1969
Docket
No. 26187
Judges
Tuttle, Simpson, Cassibry
Citations
410 F.2d 11961969 U.S. App. LEXIS 12457

Opinion — Per Curiam

PER CURIAM:

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1969: 11976: 11986: 12002: 12008: 12010: 12011: 119692026peak 1969 · 1

Relies on it most ⓘ

  1. Sar Manufacturing Co. v. Dumas Bros. Mfg.526 F.2d 1283 (5th Cir. 1976)
  2. Competitive Edge, Inc. v. Tony Moore Buick-GMC, Inc.490 So. 2d 1242 (Ala. Civ. App. 1986)
  3. TRADEWINDS ENVIRONMENTAL RESTORATION, INC. v. Brown Bros. Constr., LLC999 So. 2d 875 (Ala. 2008)
  4. Mid-Continent Telephone Corp. v. Home Telephone Co.307 F. Supp. 1014 (N.D. Miss. 1969)
  5. Brown v. Pool Depot, Inc.853 So. 2d 181 (Ala. 2002)
  6. Kelley v. Nawas International Travel Service, Inc.68 So. 3d 823 (Ala. 2011)

Most recent

  1. Kelley v. Nawas International Travel Service, Inc.68 So. 3d 823 (Ala. 2011)
  2. Andrews v. CENTRAL PETROLEUM, INC.63 So. 3d 650 (Ala. Civ. App. 2010)
  3. TRADEWINDS ENVIRONMENTAL RESTORATION, INC. v. Brown Bros. Constr., LLC999 So. 2d 875 (Ala. 2008)
  4. Brown v. Pool Depot, Inc.853 So. 2d 181 (Ala. 2002)
  5. Competitive Edge, Inc. v. Tony Moore Buick-GMC, Inc.490 So. 2d 1242 (Ala. Civ. App. 1986)
  6. Sar Manufacturing Co. v. Dumas Bros. Mfg.526 F.2d 1283 (5th Cir. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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