Havoco of America, Ltd. v. Hilco, Inc.

CUDAHY, Circuit Judge.

Plaintiff-Appellant, Havoco of America, Ltd. (“Havoco”), brought a diversity suit against defendants Elmer C. Hill and Hilco, Inc. (“Hilco”) and Sumitomo Shoji America, Inc. (“Sumitomo”), alleging fraud and a conspiracy to defraud Havoco in inducing it to assign its coal supply contract with the Tennessee Valley Authority (“TVA”) to a third party, R & F Coal Company (“R & F Coal”). Havoco had previously sued R & F Coal for breach of the assignment contract. The district court dismissed Havoco’s claims primarily on the grounds that Havo-co’s current fraud suit was barred…