No. 90-5295.

936 F.2d 846 (1991)

CUMBERLAND & OHIO CO. OF TEXAS, INC., the Successor Corporation of Herbert Materials, Inc., Plaintiff-Appellee, v. FIRST AMERICAN NATIONAL BANK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 12, 1991.

Rehearing and Rehearing Denied August 14, 1991.

Attorney(s) appearing for the Case

Nader Baydoun (argued), John I. Harris, III, Harris & Baydoun, Nashville, Tenn., for plaintiff-appellee.

Robert J. Walker (argued), Robert E. Cooper, Jr., Anthony J. McFarland, Bass, Berry & Sims, Nashville, Tenn., for defendant-appellant.

Before KENNEDY and MARTIN, Circuit Judges, and ENGEL, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 14, 1991.

ENGEL, Senior Circuit Judge.

First American National Bank ("the Bank") appeals a jury verdict rendered against it in this contract action. The plaintiff-appellee is Cumberland & Ohio Co. of Texas, ("the Company") which was known as Herbert Materials, Inc. at the time it contracted with the Bank. The Company's complaint raised claims based upon fraudulent and negligent misrepresentation, breach of...

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