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ACEVEDO v. FIRST UNION NATIONAL BANK

No. 06-12477.

476 F.3d 861 (2007)

John ACEVEDO, Plaintiff-Appellant, v. FIRST UNION NATIONAL BANK, a foreign banking corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 26, 2007.

Attorney(s) appearing for the Case

Aaron Van Johnson, Ira C. Hatch, Jr., Hatch & Doty, P.A., Vero Beach, FL, for Acevedo.

Paul James Kaplan, Steven M. Collins, Alston & Bird LLP, Atlanta, GA, for Defendant-Appellee.

Brenda G. Bryn (Fed. Pub. Def.), Ft. Lauderdale, FL, for Evans.

Before DUBINA and WILSON, Circuit Judges, and HODGES, District Judge.

DUBINA, Circuit Judge:

John Acevedo ("Acevedo") appeals from the district court's order granting summary judgment in favor of First Union National Bank ("First Union") which refused to honor cashier's checks issued by a failed bank, whose assets and liabilities First Union assumed. For the reasons set forth below, we affirm the district court's entry of summary judgment in favor of First Union.

I. BACKGROUND

In July 1981, Southeast Bank ("Southeast...

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