Federal Deposit Insurance Corporation v. Tennesseans for Tyree, Randy Tyree and P. Douglas Morrison

KENNEDY, Circuit Judge.

Plaintiff FDIC appeals from a lower court judgment absolving defendants Randy Tyree and P. Douglas Morrison of personal liability on a promissory note in the principal amount of $378,750.00 issued by the United American Bank of Hamilton County, Tennessee (UAB-HC) and executed by Morrison with the words “Tennesseans for Tyree by P. Douglas Morrison, Chairman.” Plaintiff claims defendants are personally liable on the note under Tennessee law of agency and because, in executing the note, they engaged in conduct likely to mislead banking authorities in violation of D’Oench,…