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COMMUNITY BANK & TRUST CO. v. COPSES

No. 91-1727.

953 F.2d 133 (1991)

COMMUNITY BANK & TRUST COMPANY, Plaintiff-Appellee, v. William J. COPSES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Herman L. Stephens, Law Offices of Herman L. Stephens, Winston-Salem, N.C., argued, for defendant-appellant.

Robert Dennis McDonnell, Waggoner, Hamrick, Hasty, Monteith, Kratt & McDonnell, Charlotte, N.C., argued (James D. Monteith, on brief), for plaintiff-appellee.

Before PHILLIPS and LUTTIG, Circuit Judges, and HEANEY, Senior Circuit Judge of the Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Appellee, Community Bank & Trust Company, a North Carolina banking corporation, brought this diversity action under 28 U.S.C. § 1332 against appellant, William J. Copses, a South Carolina resident and citizen, to recover damages for breach of a loan guaranty agreement. Appellant asserted in defense to Community Bank & Trust's claim inter alia that the bank had failed to satisfy its obligation under North...

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