CLEMENS v. USV PHARMACEUTICAL, A DIV. OF REVLON

No. 87-4259.

838 F.2d 1389 (1988)

Mr. Norbert H. CLEMENS and Mrs. Norbert H. Clemens, Plaintiffs-Appellants, v. USV PHARMACEUTICAL, A DIVISION OF REVLON, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 7, 1988.


Attorney(s) appearing for the Case

Benjamin W. Mount, Scofield, Bergstedt, Gerard, Mount & Veron, Lake Charles, La., for plaintiffs-appellants.

David R. Frohn, David J. Doiron, Camp, Carmouche, Barsh, Hunter, Gray & Hoffman, Lake Charles, La., for defendant-appellee.

Before RUBIN, WILLIAMS, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Applying basic principles of Louisiana tort law, never before invoked in such a situation, we hold in this diversity case that a company that files with the Internal Revenue Service an erroneous report that a former employee has received a substantial amount of taxable income and that negligently fails to correct the report for an extended period of time after having received notice of the error, with the result that the former employee...

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