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AMERICAN TRAILERS, INC. v. CURRY

No. 79-2048.

621 F.2d 918 (1980)

AMERICAN TRAILERS, INC., an Oklahoma Corporation, Appellant, v. Don CURRY, Individually and d/b/a Curry Trailer & Equipment Co., Curry Trailer and Equipment Company, a Missouri Corporation, Bank of New Madrid, a Missouri Banking Corporation, Bank of Sikeston, a Missouri Banking Corporation, and Bill Glover, Individually, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1980.

Attorney(s) appearing for the Case

P. Terence Crebs and Gregory J. Christoffel, St. Louis, Mo., on brief, for appellant.

Lawrence H. Rost, New Madrid, Mo., on brief, for appellee, Bank of New Madrid.

James D. Sickal, Sikeston, Mo., on brief, for appellee, Glover.

Before HEANEY and ARNOLD, Circuit Judges, and SACHS, District Judge.

SACHS, District Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Missouri granting motions to dismiss plaintiff's complaint. Federal jurisdiction arises from diversity of citizenship. Plaintiff, a foreign corporation, was held to be "transacting business" within the state of Missouri within the meaning of §§ 351.-570 and 351.635, RSMo, and therefore lacking in capacity to maintain this suit within the...

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