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RADIO WHKW, INC. v. YARBER

No. 87-4289.

838 F.2d 1439 (1988)

RADIO WHKW, INC., An Alabama Corporation, Plaintiff-Appellant, v. Ben YARBER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1988.

Attorney(s) appearing for the Case

Hunter M. Gholson, Gholson, Hicks & Nichols, Columbus, Miss., for plaintiff-appellant.

Wilbur O. Colom, Colom & Colom, Dennis Harmon, Donna S. Smith, Columbus, Miss., for defendant-appellee.

Before KING and DAVIS, Circuit Judges, and FELDMAN, District Judge.

KING, Circuit Judge:

Radio WHKW, Inc., an Alabama corporation, appeals the district court's dismissal of its breach of contract claim against Ben Yarber, a Mississippi resident, for lack of subject matter jurisdiction. The district court concluded that Radio WHKW had "localized" its business activities in Mississippi, thereby engaging in intrastate commerce — but without first qualifying to do so under Mississippi laws which govern foreign corporations transacting...

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