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APPLIED TECHNOLOGIES ASSOCIATES, INC. v. SCHMIDT

Civ. No. 9971.

362 F.Supp. 1103 (1973)

APPLIED TECHNOLOGIES ASSOCIATES, INC., Plaintiff, v. Charles H. SCHMIDT and Larry K. Johnson, d/b/a Technology Marketing Associates, Defendants.

United States District Court, D. New Mexico.

August 13, 1973.

Attorney(s) appearing for the Case

Juan G. Burciaga, Ussery, Burciaga & Parrish, Albuquerque, N. M., for plaintiff.

Orville C. McCallister, McCallister, Messersmith & Wiseman, Albuquerque, N. M., for defendants.

ORDER

MECHEM, District Judge.

Plaintiff, Applied Technologies Associates [hereinafter ATA], brought suit for breach of contract against Charles H. Schmidt and Larry K. Johnson, d/b/a Technology Marketing Associates. Jurisdiction is based on diversity, 28 U. S.C. § 1332.

Defendants filed a motion to dismiss on the ground that ATA is a foreign corporation without a certificate of authority to do business...

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