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HOME LIFE INS. CO. v. EQUITABLE EQUIPMENT CO.

No. 80-3874.

680 F.2d 1056 (1982)

HOME LIFE INSURANCE COMPANY, NEW YORK, Plaintiff-Appellee Cross-Appellant, v. EQUITABLE EQUIPMENT COMPANY, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

Brian, Simon, Peragine, Smith & Redfearn, A. Morgan Brian, Jr., New Orleans, La., for defendant-appellant cross-appellee.

Herman & Herman, Russ M. Herman, Shelley C. Herman, New Orleans, La., Thomas F. Coughlin, New York City, for plaintiff-appellee cross-appellant.

Before GEE, RUBIN and GARZA, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This case turns on a single question of law: is an employer liable for the fraudulent misrepresentations of his employee made to further the employee's peculations while apparently acting for the employer in the course of the employer's business? Our jurisdiction being founded on diversity, as surrogate Louisiana judges we conclude that Louisiana courts would visit responsibility on the employer, and we, therefore, affirm the judgment...

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