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RIEGEL FIBER CORP. v. ANDERSON GIN CO.

Nos. 74-2120, 74-2121.

512 F.2d 784 (1975)

RIEGEL FIBER CORPORATION, Plaintiff-Appellant, v. ANDERSON GIN COMPANY et al., Defendants-Appellees. RIEGEL FIBER CORPORATION, Plaintiff-Appellant, v. ELLIS BROTHERS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 9, 1975.

Attorney(s) appearing for the Case

Bennett L. Kight, Charles A. Shanor, Atlanta, Ga., for plaintiff-appellant.

Neal P. Gillen, Walter H. E. Jaeger, Washington, D. C., for American Cotton Shippers Ass'n, amicus curiae.

Arthur Burns, James F. Hinton, Gadsden, Ala., for Baker Bros. and others.

Jack W. Torbert, Gadsden, Ala., for Coley defendants.

Hugh Reed, Jr., Centre, Ala., Frank M. Bainbridge, Birmingham, Ala., for Anderson and Ellis.

Herbert D. Jones, Jr., Anniston, Ala., for Sharp and others.

William J. Baxley, Atty. Gen., Myron H. Thompson, Asst. Atty. Gen., Montgomery, Ala., for State of Ala., amicus curiae.

Before THORNBERRY, CLARK and ROSENN, Circuit Judges.

THORNBERRY, Circuit Judge:

This appeal comes from a judgment entered pursuant to an order of the district court, sitting without a jury, granting appellees' motion for involuntary dismissal of appellant's case. The questions presented are, first, did the court correctly hold that certain contracts on which appellant brought suit failed to satisfy the Alabama statute of frauds, and second, did the court err in holding that appellant's failure to qualify to do business...

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