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LAWYERS TITLE INSURANCE CORPORATION v. PITRE

No. 16520.

245 F.2d 334 (1957)

LAWYERS TITLE INSURANCE CORPORATION, Appellant, v. Victorin August PITRE and National Casualty Company, Appellees.

United States Court of Appeals Fifth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Harry McCall, Jr., Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., for appellant.

Patrick E. Carr, McDonald & Buchler, Metairie, La., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from an order of the district court dismissing the action below for failure to state a claim upon which relief may be granted. The only issue is whether, as a matter of Louisiana law, in a statutory suit against a Recorder of Mortgages for damages due to the issuing of an erroneous certificate on which plaintiff relied to his detriment it is necessary that there be "privity" between...

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