AM. CEMENT CORP. v. UNDERHILL CONSTR. CORP.


36 A.D.2d 849 (1971)

American Cement Corporation, Appellant, v. Underhill Construction Corp., Respondent, and Interpleading Petitioner-Appellant; United States of America, Interpleaded Respondent. (Action No. 1.) American Cement Corporation, Appellant, v. Pratt Towers, Inc., et al., Respondents, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 19, 1971


Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

There is no evidence in the record to sustain a finding that appellant, a foreign corporation, was doing business in this State without authority and lacked capacity to maintain this action and proceeding. Moreover, there is nothing in the Federal Trade Commission order of January 20, 1964 which divested appellant of its right...

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