MEUNERIE SAWYERVILLE, INC. v. BIRT

No. 93-029.

637 A.2d 1082 (1994)

MEUNERIE SAWYERVILLE, INC. v. Richard and Christine BIRT.

Supreme Court of Vermont.

January 14, 1994.


Attorney(s) appearing for the Case

David C. Drew and David L. Giles, Lyndonville, for plaintiff-appellant.

Peter J. Morrissette, St. Johnsbury, for defendants-appellees.

Jeffrey L. Amestoy, Atty. Gen., and William H. Rice, Asst. Atty. Gen., Montpelier, for amicus State of Vermont.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

The issue before the Court is whether 11 V.S.A. § 2120(a) requires a foreign corporation engaging in interstate and intrastate commerce to register to do business in this state as a prerequisite to filing suit on a contract in this state's courts. We hold that where the corporation's intrastate activities are incidental to the interstate activities, the transaction is one in interstate commerce and thus the Commerce Clause of the United States...

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