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DIVERSACON INDUSTRIES v. NAT. BANK OF COMMERCE

No. 78-3420.

629 F.2d 1030 (1980)

DIVERSACON INDUSTRIES, INC., Plaintiff-Appellant, v. NATIONAL BANK OF COMMERCE OF MISSISSIPPI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1980.

Attorney(s) appearing for the Case

Thomas W. Prewitt, Alan W. Perry, George H. Butler, Fred Krutz, III, Jackson, Miss., for plaintiff-appellant.

Gholson, Hicks & Nichols, Hunter M. Gholson, Ralph E. Rood, Columbus, Miss. for defendant-appellee.

Before BROWN, AINSWORTH and FRANK M. JOHNSON, Jr., Circuit Judges.

JOHN R. BROWN, Circuit Judge:

A Florida corporation, Diversacon Industries, Inc., (Diversacon) commenced a diversity action in the Federal District Court for the Northern District of Mississippi, seeking to recover a construction contract debt from the surety, National Bank of Commerce of Mississippi (Bank). The District Court granted the Bank's motion for dismissal on the grounds that Diversacon had engaged in intrastate commerce without qualifying to do so as required...

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