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S.C. NAT. BANK v. ATLANTIC STATES BANKCARD ASS'N

Nos. 88-1363, 88-1372, 88-1611, 89-1403.

896 F.2d 1421 (1990)

SOUTH CAROLINA NATIONAL BANK, Plaintiff-Appellee, v. ATLANTIC STATES BANKCARD ASSOCIATION, INC., Defendant-Appellant. SOUTH CAROLINA NATIONAL BANK, Plaintiff-Appellant, v. ATLANTIC STATES BANKCARD ASSOCIATION, INC., Defendant-Appellee. ATLANTIC STATES BANKCARD ASSOCIATION, INC., Plaintiff-Appellee, v. CENTRAL FIDELITY BANK, N.A., Defendant-Appellant. ATLANTIC STATES BANKCARD ASSOCIATION, INC., Plaintiff-Appellant, v. CENTRAL FIDELITY BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1990.

Attorney(s) appearing for the Case

Ralph Francis Gray (John R. Jordan, Jr., Jordan, Price, Wall, Gray & Jones, on brief), Jeffrey Claude Howard (Ralph M. Stockton, Petree, Stockton & Robinson, on brief), for defendant-appellant in No. 88-1363.

Manton McCutchen Grier (William C. Boyd, Sinkler & Boyd, P.A.; L. Henry McKellar, Associate Gen. Counsel, on brief), for plaintiff-appellee in No. 88-1363.

Robert W. Spearman (Lisa M. Nieman, Adams, McCullough & Beard, on brief), for defendant-appellant in No. 88-1611.

Jeffrey C. Howard (Ralph M. Stockton, Petree, Stockton & Robinson, on brief); William R. Shenton (John R. Jordan, Jr., Jordan, Price, Wall, Gray & Jones, on brief), for plaintiff-appellee in No. 88-1611.

Before MURNAGHAN and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

MURNAGHAN, Circuit Judge:

The plaintiff, The South Carolina National Bank ("SCN"), has brought an action for an accounting of the "termination fee" assessed by the defendant, Atlantic States Bankcard Association, Inc. ("ASBA"), when SCN terminated its membership in ASBA. Central Fidelity Bank, N.A. ("CFB") and ASBA have been engaged in a struggle over many of the same issues, as well as a few others, prompted by ASBA's calculation of CFB's termination fee. We heard...

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