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LEWIS v. BANK OF AMERICA NA

No. 02-10605.

347 F.3d 587 (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.

October 6, 2003.

Attorney(s) appearing for the Case

William A. Roberts, The Roberts Law Firm, Jeffrey Wallace Hellberg, Jr., Flanary Carter Schubert, Dallas, TX, for Lewis.

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

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

PER CURIAM:

Appellee/Cross-Appellant, Billy Lewis ("Lewis") complains that, inter alia, we misstated Texas law when we said that the "failure to disclose information is not actionable `misrepresentation' under Texas law, absent a fiduciary relationship." Lewis cites Union Pacific Resources Group, Inc. v. Rhone, 247 F.3d 574 (5th Cir.2001), which states that

A duty to speak arises by operation of law when (1) a confidential...

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