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LACKMOND PRODUCTS, INC. v. CONSTRUCTION SUPPLY, INC.

No. 49A02-9706-CV-399.

691 N.E.2d 494 (1998)

LACKMOND PRODUCTS, INC., Appellant-Plaintiff, v. CONSTRUCTION SUPPLY, INC., Appellee-Defendant.

Court of Appeals of Indiana.

February 20, 1998.

Attorney(s) appearing for the Case

Scott A. Wharton, Marietta, GA, Mark R. Smith, Kimberly E. Howard, Smith & Bemenderfer, Indianapolis, for Appellant-Plaintiff.

Kurt F. Pantzer, Indianapolis, for Appellee-Defendant.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

On August 6, 1996, Lackmond Products, Inc. ("Lackmond")1 filed a claim for breach of contract against Construction Supply, Inc. ("CSI"). CSI moved to dismiss, arguing that Lackmond lacked the capacity to bring the action since it was a foreign corporation allegedly "transacting business" in Indiana without a certificate of authority from the Indiana Secretary of State. After...

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