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ASSOCIATES CAP. SERVICES v. LOFTIN'S TRANSFER, ETC.

No. 76-3035 Summary Calendar.

554 F.2d 188 (1977)

ASSOCIATES CAPITAL SERVICES CORPORATION, an Indiana Corporation, Assignee, Plaintiff-Appellee, v. LOFTIN'S TRANSFER & STORAGE COMPANY, INC., a corporation, d/b/a Mobilphone Systems, Defendant-Third Party Plaintiff-Appellant, v. MOTOROLA COMMUNICATIONS & ELECTRONICS, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1977.

Attorney(s) appearing for the Case

Bruce J. Downey, III, Montgomery, Ala., for Loftin's Transfer & Storage Co., Inc.

Charles P. Miller, Montgomery, Ala., for plaintiff-appellee.

J. Knox Argo, Montgomery, Ala., for Motorola Communications, etc.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Plaintiff, an Indiana corporation, brought this action in the United States District Court for the Middle District of Alabama to collect contract payments allegedly due and owing from defendant. Defendant claimed that plaintiff's failure to qualify to do business in Alabama barred prosecution of the suit. The district court held that plaintiff was not "doing business," within the meaning of Alabama law, and consequently permitted it to maintain the suit...

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