CLAY, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. McCALLA, D.J. (pp. 899-901), delivered a separate dissenting opinion. CLAY, Circuit Judge. Plaintiffs, Mark A. Eubanks and Teri Lynn Eubanks, appeal from the district court’s judgment granting Defendant, CBSK Financial Group, Inc.’s, motion to dismiss, by way of judicial estoppel, against Plaintiffs’ lender-liability claim alleg…
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