L. D. Reeder Contractors of Arizona, an Arizona Corporation v. Higgins Industries, Inc., a Louisiana Corporation

This is an action based on diversity of citizenship, filed by appellant L. D. Reed-er Contractors against Higgins Industries, Inc., the manufacturer, and Mc-Cauley Lumber and Flooring Co., the wholesaler, seeking recovery of damages for an alleged breach of contract, breach of warranty, and for misrepresentation, in furnishing certain wooden flooring blocks. 28 U.S.C. § 1332 . The appeal is from a judgment of the District Court for the Southern District of California, Central Division, dismissing the action as to Higgins Industries.

The appellant (hereinafter referred to as Reeder) is an Arizona corporation. The appellee-defendant is a Louisiana corporation (hereinafter referred to as Higgins). The other defendant below, McCauley Lumber and Flooring Co. (hereinafter referred to as McCauley) —not a party to this appeal — is a California corporation. The amount in controversy, exclusive of interest and costs, exceeds $3,000, the jurisdictional limit at the time this suit was filed.

Appellee Higgins filed a motion to dismiss and to quash service, which was granted below, upon the ground that Higgins was not doing business in California. Appellant having filed a timely appeal, this…