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STATE v. BENFIELD

No. 520.

145 S.E.2d 912 (1966)

266 N.C. 342

STATE of North Carolina, ex rel. GLAMORGAN PIPE & FOUNDRY COMPANY, a corporation, and all other creditors of the Estate of K. R. Benfield, deceased, who desire to join in the prosecution of this action and contribute to the costs hereof, Relators, and Glamorgan Pipe & Foundry Company, a corporation, v. Margaret S. BENFIELD, Administratrix of the Estate of K. R. Benfield, deceased, and the Phoenix Insurance Company, a corporation.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Emanuel & Emanuel, Raleigh, for plaintiff appellant.

Ellis Nassif, Raleigh, for Margaret S. Benfield, Administratrix, defendant appellee.

Maupin, Taylor & Ellis and Frank W. Bullock, Jr., Raleigh, for The Phoenix Insurance Company, defendant appellee.

BOBBITT, Justice.

G.S. § 55-154, in pertinent part, provides: "(a) No foreign corporation transacting business in this State without permission obtained through a certificate of authority under this chapter or through domestication under prior acts shall be permitted to maintain any action or proceeding in any court of this State unless such corporation shall have obtained a certificate of authority prior to trial; * * * An issue arising under this subsection...

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