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COMPASS BANK v. KING, GRIFFIN & ADAMSON P.C.

No. 03-11234.

388 F.3d 504 (2004)

COMPASS BANK, Plaintiff-Appellant, v. KING, GRIFFIN & ADAMSON P.C.; Lawrence D. King, Defendants-Appellees,

United States Court of Appeals, Fifth Circuit.

October 18, 2004.

Attorney(s) appearing for the Case

William Gray Compton, Michael E. Mears (argued), Ryan H. Downton, Andrews & Kurth, Dallas, TX, for Plaintiff-Appellant.

Alan W. Harris (argued), Tania Marie Hepfner, Piper Rudnick, Dallas, TX, for Defendants-Appellees.

Before DeMOSS, STEWART and CLEMENT, Circuit Judges.

PER CURIAM:

Compass Bank appeals the dismissal of its complaint against King, Griffin & Adamson, P.C. and Lawrence King. It also moves this Court to certify the following question to the Texas Supreme Court: whether Texas uses an actual knowledge test or a foreseeability requirement for negligent misrepresentation claims against accountants. Compare RESTATEMENT (SECOND) OF TORTS § 522 (1977) (requiring actual knowledge), with Blue Bell v. Peat,...

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