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NCNB NAT. BANK OF NORTH CAROLINA v. TILLER

Nos. 85-2295, 86-2512 and 85-2532.

814 F.2d 931 (1987)

NCNB NATIONAL BANK OF NORTH CAROLINA, Appellee, v. Ralph L. TILLER; Julia K. Tiller; Ellen Tiller Bass; Julia Tiller Boyd; Emily Louise Kellahan; Dr. Wendell H. Tiller; Walter Armstrong Kennedy, III; Estate of Wendell H. Tiller (Deceased) by Ralph L. Tiller and Dr. Wendell H. Tiller, Co-Executors, Appellants. WILLIAMSON BROTHERS FERTILIZER AND GRAIN, INC., Appellant, v. NCNB NATIONAL BANK OF NORTH CAROLINA, Appellee. NCNB NATIONAL BANK OF NORTH CAROLINA, Appellee, v. Ralph L. TILLER; Julia K. Tiller; Ellen Tiller Bass; Julia Tiller Boyd; Emily Louise Kellahan; Dr. Wendell H. Tiller; Walter Armstrong Kennedy, III, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 17, 1987.

Rehearing and Rehearing Denied May 20, 1987.

Attorney(s) appearing for the Case

Larry E. Parrish (Parrish & Mulrooney, P.C., Memphis, Tenn., on brief), for appellants.

Daniel G. Clodfelter (Richard W. Evans, Moore, Van Allen, Allen & Thigpen, Charlotte, N.C., Finley B. Clarke, Clarke & Johnson, John T. Moore, Florence, S.C., Nelson, Mullins, Grier & Scarborough, Columbia, S.C., on brief), for appellee.

Before CHAPMAN and WILKINSON, Circuit Judges and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Rehearing and Rehearing En Banc Denied May 20, 1987.

CHAPMAN, Circuit Judge:

This frivolous appeal arises from an action by NCNB National Bank of North Carolina (NCNB) to enforce a guaranty agreement given to it by appellants Ralph and Julia Tiller. Because the counterclaims made by the Tillers against NCNB were virtually identical to the issues which Williamson Brothers Fertilizer and Grain, Inc. (Williamson) raised in a suit against NCNB in the same court...

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