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ROZEN v. NORTH CAROLINA NAT. BANK

No. 77-1666.

588 F.2d 83 (1978)

Michael R. ROZEN, Appellant, v. NORTH CAROLINA NATIONAL BANK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1978.

Attorney(s) appearing for the Case

James B. Craven, III, Durham, N.C. (Robinson O. Everett, Everett, Everett, Creech & Craven, Durham, N.C., on brief), for appellant.

John T. Allred, Charlotte, N.C. (Robert D. Dearborn, Moore & Van Allen, Charlotte, N.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and LAY and RUSSELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

This appeal comes to this court from a jury verdict against Michael Rozen, the plaintiff-appellant, who seeks the face value of a certificate of deposit.1 Implicit in this general verdict was a finding that Mr. Rozen's claim fell outside the protective sweep of the U.C.C.'s "shelter principle." U.C.C. § 3-201(1). Rozen argues that the trial judge should have directed a verdict in Rozen's favor. We disagree...

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