UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NO. 97-20461
Summary Calendar
ASHOK K. CHAUHAN, AMITA CHAUHAN,
ATUL CHAUHAN, and ARUN CHAUHAN,
Plaintiffs-Appellants
VERSUS
FORMOSA PLASTICS CORPORATION, USA,
Defendant-Appellee
Appeals from the United States District Court
For the Southern District of Texas
(H-96-CV-1239)
March 9, 1998
Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM:*
Ashok Chauhan appeals from the district court’s summary
judgment against him on his claims against Formosa Plastics for
breach of contract and detrimental reliance, fraudulent
misrepresentation, breach of duty of good faith and fair dealing,
and loss of reputation. Ashok, Amita, Atul and Arun Chauhan (all
plaintiffs) appeal from the district court’s Fed. R. Civ. P.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
12(b)(6) dismissal of their claims for abuse of process, loss of
reputation, and intentional infliction of emotional distress. The
plaintiffs also appeal from the district court’s summary judgment
against them on their claims for defamation on the basis of
qualified privilege.
Having examined the record, pleadings and summary judgment
evidence, we find no error by the district court. The claims
unique to Ashok Chauhan were properly dismissed on summary
judgment, because they are barred by the doctrine of res judicata.
The claims of all plaintiffs for abuse of process, loss of
reputation, and intentional infliction of emotional distress were
properly dismissed for failure to state a claim upon which relief
may be granted. Likewise, the claims of all plaintiffs for
defamation were properly dismissed by summary judgment on the basis
of qualified privilege, as plaintiffs produced no evidence of
malice on the part of Formosa Plastics. Finding no error in the
district court’s disposition of this matter, we affirm.
AFFIRMED.