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MARSHALL EXPORTS, INC. v. PHILLIPS

No. 74-1362.

507 F.2d 47 (1974)

MARSHALL EXPORTS, INC., Appellant, v. C. A. PHILLIPS, d/b/a Phillips Hardwood Sales Co., and Takashimaya Co., Ltd., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1974.

Attorney(s) appearing for the Case

Marvin E. Taylor, Jr., Raleigh, N. C. (George B. Mast, Joseph T. Nall and Mast, Tew & Nall, Smithfield, N. C., on brief), for appellant.

Larry B. Sitton, Greensboro, N. C. (Beverly C. Moore, H. Miles Foy, III, and Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and BUTZNER and WIDENER, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

With diversity of citizenship undisputed, the controversy in this contract action is on whether personal jurisdiction was ever obtained over the nonresident defendant foreign corporation. The District Court dismissed for want of such jurisdiction.

On February 23, 1973 in the State court, Marshall Exports, Inc. of North Carolina sued C. A. Phillips, a resident of Mississippi, and...

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