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ERLANGER MILLS v. COHOES FIBRE MILLS

No. 7262.

239 F.2d 502 (1956)

ERLANGER MILLS, Inc., Appellant, v. COHOES FIBRE MILLS, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1956.

Attorney(s) appearing for the Case

Walter F. Brinkley and Don A. Walser, Lexington, N. C., for appellant.

Hiram H. Ward and S. A. DeLapp, Lexington, N. C., for appellees.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOBELOFF, Circuit Judge.

This appeal involves the jurisdictional power of the state of North Carolina to subject a foreign corporation to the processes of its courts. The relevant portions of the North Carolina statute, G.S. § 55-38.1, provide as follows:

"Jurisdiction over foreign corporations not transacting business in this State — (a) Every foreign corporation shall be subject to suit in this State, by a resident of this State or by...

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