Opinion · Court of Appeals for the Fifth Circuit

Continental Telephone Corporation v. M. G. Weaver

410 F.2d 1196

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1969-05-09
Topic: general

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.

Citator

UpLaw has not yet analyzed Continental Telephone Corporation v. M. G. Weaver. The absence of a flag is not a finding that it is good law.

Cited by: 7 opinions

CONTINENTAL TELEPHONE CORPORATION v. WEAVER,410 F.2d 1196(5th Cir. 1969)

CONTINENTAL TELEPHONE CORPORATION, Appellant, v. M.G. WEAVER et al.,

Appellees.

No. 26187.

United States Court of Appeals, Fifth Circuit.

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.

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.Page 1197

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