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LEWIS v. BANK OF AMERICA NA

No. 02-10605.

343 F.3d 540 (2003)

Billy LEWIS, Plaintiff-Appellee-Cross-Appellant, v. BANK OF AMERICA NA, Etc.; et al., Defendants, Bank of America NA, formerly known as NationsBank of Texas NA; Mark Thomason; Walter F. Smith, Jr.; Sally Walters, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 2, 2003.

Attorney(s) appearing for the Case

William A. Roberts (argued), The Roberts Law Firm, Dallas, TX, for Billy Lewis.

William Frank Carroll, Thomas Butler Alleman (argued), Jill Gaston Adams, Winstead, Sechrest & Minick, Dallas, TX, for Defendants-Appellants-Cross-Appellees.

Before DAVIS, CYNTHIA HOLCOMB HALL and EMILIO M. GARZA, Circuit Judges.

Opinion by Judge CYNTHIA HOLCOMB HALL; dissent by Judge EMILIO M. GARZA.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Bank of America, formerly known as NationsBank of Texas ("the Bank"), and its former employee, Mark Thomason, appeal a jury verdict holding them jointly liable for fraud and breach of contract and awarding damages of $380,101.75 to Billy Lewis. Lewis cross-appeals, arguing that the jury instructions improperly limited the scope of compensable damages...

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