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Universal Industrial Gases, Inc.v.Action Industries, Inc. Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A1183
DecidedSeptember 29, 2021
JudgesCourt of Appeals of Georgia
Tags
CivilBusiness LawContract LawCivil ProcedureStatutory InterpretationReversalRemand
Case Summary

Universal Industrial Gases, a Delaware corporation with its principal place of business in Pennsylvania, sued Action Industries and Allegheny Casualty for breach of contract and related claims. The trial court dismissed the complaint because Universal had not obtained a certificate of authority to transact business in Georgia. The Court of Appeals of Georgia reversed. It held that the record did not establish that Universal was transacting business in Georgia within the meaning of the applicable statutory scheme, and that the complaint could proceed. The court left additional waiver arguments for the trial court to address if the defendants renewed the certificate-of-authority defense after factual development.

Opinion

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