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CAPIN v. S & H PACKING CO., INC.

No. 2 CA-CIV 4002.

130 Ariz. 441 (1981)

636 P.2d 1223

Neil O. CAPIN, Plaintiff/Appellee, v. S & H PACKING COMPANY, INC., a corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 9, 1981.

Review Denied December 1, 1981.

Attorney(s) appearing for the Case

Haythornewhite & Drake by James F. Haythornewhite, Nogales, for plaintiff/appellee.

D'Antonio & D'Antonio, P.C. by Gregory D. D'Antonio, Tucson, for defendant/appellant.

OPINION

HOWARD, Judge.

This was a suit for the balance due on a hauling contract. The trial court awarded plaintiff judgment in the sum of $9,209.85 plus attorney's fees and court costs. Appellant contends the trial court erred in not dismissing the action because plaintiff's assignee, Transportadora Del Valle (TDV), a Mexican corporation, did not qualify to do business in Arizona until after this action was commenced. Appellant further contends the judgment...

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