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ENVIRONMENTAL COATINGS, INC. v. BALTIMORE PAINT AND CHEMICAL CO.

No. 79-3495 Summary Calendar.

617 F.2d 110 (1980)

ENVIRONMENTAL COATINGS, INC., Plaintiff-Appellee, v. BALTIMORE PAINT AND CHEMICAL COMPANY, a division of Dutch Boy, Inc. and Dutch Boy, Inc., Defendants-Third-Party Plaintiffs-Appellants, v. Jerry L. BRATU et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 15, 1980.

Attorney(s) appearing for the Case

Rogers, Morris & Fair, P. A., Eugene L. Fair, Hattiesburg, Miss., for defendants-third-party plaintiffs-appellants.

Joseph A. O'Connell, Hattiesburg, Miss., for plaintiff-appellee.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.

PER CURIAM:

Appellant Baltimore Paint and Chemical Company challenges the district court's dismissal of its counterclaim and third-party complaint in a diversity action initiated by appellee Environmental Coatings, Inc. The trial court dismissed Baltimore Paint's claim because it had not qualified to do business in Mississippi as a foreign corporation. Under Miss.Code Ann. § 79-3-247 (1972),1 a foreign corporation which has not obtained...

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