ROCK-OLA MANUFACTURING CORPORATION v. WERTZ

No. 7496.

249 F.2d 813 (1957)

ROCK-OLA MANUFACTURING CORPORATION, a Delaware corporation, Appellant, v. Dan M. WERTZ and Ernest C. Wetzel, individually and as partners doing business as Wertz Music Supply Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 12, 1957.


Attorney(s) appearing for the Case

John S. Davenport, III, Richmond, Va. (Claude D. Minor, Richmond, Va., Louis M. Mantynband, and Henry J. Shames, Chicago, Ill., Denny, Valentine & Davenport, Richmond, Va., and Arvey, Hodes & Mantynband, Chicago, Ill., on the brief), for appellant.

Wilbur M. Kessler, Richmond, Va. (John A. Cutchins and Cutchins, Wallinger, Wallace & Kessler, Richmond, Va., on the brief), for appellees.

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


SOBELOFF, Circuit Judge.

This litigation was begun in the District Court for the Eastern District of Virginia by a foreign corporation to recover a balance of $38,296.98 claimed to be due for merchandise. The defendants filed a preliminary motion to dismiss on the ground that the plaintiff, Rock-Ola Manufacturing Corporation, a Delaware corporation with plant and offices in Chicago, had failed to obtain a certificate of authority to transact business in Virginia,...

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