Great American Insurance Company v. Byrd & Watkins Construction, Inc., George F. Bennett

MERRITT, Circuit Judge.

The appeal in this Tennessee diversity case concerns the effect of Tennessee Code § 48-1014 on the assumption of the “liabilities . . . unknown” of a dissolved corporation. 1 The District Court ruled that § 48-1014 barred any action against defend ant George F. Bennett based on such an undertaking, and granted summary judgment to him. Because § 48-1014 does not apply to an assumption such as Bennett has made, we reverse the judgment and remand the case for further proceedings.

I

Bennett, Watkins & Byrd, Inc. voluntarily dissolved itself in October, 1973. Among the…