323 F2d 417 Carter-Beveridge Drilling Co v. J Hughes
323 F.2d 417
CARTER-BEVERIDGE DRILLING CO., Inc., Appellant,
J. Willis HUGHES, Appellee.
United States Court of Appeals Fifth Circuit.
Oct. 16, 1963.
Scott Tennyson, Jackson, Miss., Heidelberg, Woodliff & Franks, Jackson, Miss., Lemle & Kelleher, New Orleans, La., of counsel, for appellant.
Thomas R. Crews, Jackson, Miss., Lucius F. Suthon, New Orleans, La., Alexander, Herring & Crews, Jackson, Miss., of counsel, for appellee.
Before RIVES and JONES, Circuit Judges, and DAWKINS, Jr., District judge.
Contrary to appellant's position, we hold that the venue provisions of 28 U.S.C. 1391(c) are not applicable to corporations suing as plaintiffs. The effect of the statute is that a corporation may be sued in any judicial district in which it is incorporated or linensed to do business or is doing business, and such defendant corporation is considered a resident of the judicial district for venue purposes. 28 U.S.C.A. 1391(c); Robert E. Lee & Co., Inc. v. Veatch, 301 F.2d 434 (C.A. 4, 1961), cert. denied 371 U.S. 813, 83 S.Ct. 23, 9 L.Ed.2d 55 (1962).