ACME ENGINEERS v. FOSTER ENGINEERING COMPANY

No. 16951.

254 F.2d 259 (1958)

ACME ENGINEERS, Inc., Appellant, v. FOSTER ENGINEERING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

April 7, 1958.


Attorney(s) appearing for the Case

Howard S. Hoover, Carroll R. Graham, Houston, Tex., for appellant.

Alvin M. Owsley, Jr., Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment quashing service and dismissing an action without prejudice on the ground that the court had not acquired and could not acquire jurisdiction over the defendant, a foreign corporation.

The action was brought to recover commissions allegedly due plaintiff from sales in Texas of defendant's products. Federal jurisdiction was based on diversity of citizenship. 28 U.S.C.A. § 1332. Acme Engineers, Inc. was...

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