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LONE STAR MOTOR IMPORT, INC. v. CITROEN CARS CORP.

No. 18546.

288 F.2d 69 (1961)

LONE STAR MOTOR IMPORT, INC., Appellant, v. CITROEN CARS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

March 2, 1961.

Attorney(s) appearing for the Case

Winston R. Ellis, Hirsch & Westheimer, Houston, Tex., for appellant Lone Star Motor Import, Inc.

W. N. Arnold, Jr., Olan Lowrey, Houston, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel), for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents the question of validity of service of process on a nonresident corporate defendant effected by service on the Secretary of State pursuant to a recent Texas statute declaring that the entering into of a contract with a resident of Texas for partial performance there constitutes the requisite doing of, or engaging in, business. The District Court held that if applied literally to the making of the single contract (the...

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