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W.B. McCARTNEY OIL CO., INC. v. HATAWAY

No. 87-1346.

544 So.2d 56 (1989)

W.B. McCARTNEY OIL COMPANY, INC., Plaintiff-Appellant, v. The Honorable L.R. HATAWAY, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 12, 1989.

Attorney(s) appearing for the Case

Gaharan & Wilson, Donald R. Wilson, Jena, for plaintiff-appellant.

Gregory N. Wampler, Colfax, Charles B. Bice, Winnfield, Gist, Methvin, Hughes & Munsterman, Steven W. Cook, Alexandria, for defendants-appellees.

Before STOKER, DOUCET, LABORDE, KNOLL and KING, JJ.

KNOLL, Judge.

The sole issue in this appeal is whether the imposition of liability on the Clerk of Court for an alleged violation of the duty imposed on him by LSA-C.C. Arts. 3393 and 3394 requires the existence of privity of contract between the damaged party and the Clerk of Court.

On February 7, 1985, W.B. McCartney Oil Co., Inc. (hereafter McCartney) recorded notice of its claim, in proper form as required by LSA-R.S. 9:4861 et seq., the Louisiana Oil...

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