Cumberland & Ohio Co. Of Texas, Inc., the Successor Corporation of Herbert Materials, Inc. v. First American National Bank

ENGEL, Senior Circuit Judge.

First American National Bank (“the Bank”) appeals a jury verdict rendered against it in this contract action. The plaintiff-appellee is Cumberland & Ohio Co. of Texas, (“the Company”) which was known as Herbert Materials, Inc. at the time it contracted with the Bank. The Company’s complaint raised claims based upon fraudulent and negligent misrepresentation, breach of contract, and breach of fiduciary duty under Tennessee law. The case was tried before a jury in September 1989, and a $6 million judgment was entered in favor of the Company. We now reverse the…