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HIGHLAND CAPITAL MANAGEMENT v. BANK OF AMERICA

No. 11-11139.

698 F.3d 202 (2012)

HIGHLAND CAPITAL MANAGEMENT, L.P., Plaintiff-Appellant, v. BANK OF AMERICA, NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 2, 2012.

Attorney(s) appearing for the Case

Lisa S. Tsai (argued), Barbara Whiten Balliette , Williams Thomas Reid , Sumit R. Shah , Reid, Collins & Tsai, L.L.P., Austin, TX, for Plaintiff-Appellant.

Toby L. Gerber (argued), Charles Rodney Acker , Oscar Rey Rodriguez , Fulbright & Jaworski, L.L.P., Dallas, TX, for Defendant-Appellee.

Before BENAVIDES, OWEN and SOUTHWICK, Circuit Judges.

PER CURIAM:

In this case, Plaintiff-Appellant Highland Capital Management, L.P. ("Highland") appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of its claims for breach of contract and promissory estoppel brought against Defendant-Appellee Bank of America, National Association ("Bank of America"). Because we find that the district court was justified in dismissing Highland's promissory estoppel claim, but that it erred in dismissing...

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