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IN RE NANTAHALA VILLAGE, INC.

No. 91-2057.

976 F.2d 876 (1992)

In re NANTAHALA VILLAGE, INCORPORATED, a North Carolina Corporation, Debtor. NANTAHALA VILLAGE, INCORPORATED, a North Carolina Corporation, Plaintiff-Appellant, v. NCNB NATIONAL BANK OF FLORIDA, a National Banking Association, Defendant-Appellee. and Fred H. Moody, Jr., Trustee, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1992.

Attorney(s) appearing for the Case

Daniel Sears Dearing, Tallahassee, Fla., argued, for plaintiff-appellant.

Peter J. Covington, Smith, Helms, Mulliss & Moore, Charlotte, N.C., argued (Robert H. Pryor, on brief), for defendant-appellee.

Before SPROUSE and HAMILTON, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

SPROUSE, Circuit Judge:

In the underlying action, which involved a dispute over loan transactions, Nantahala Village, Inc. ("Nantahala") demanded compensatory and punitive damages1 from NCNB National Bank of Florida2 ("NCNB") for alleged (1) breach of a contract to lend money, (2) breach of the common-law duty of good faith, (3) breach of the duty of good faith imposed by the Uniform Commercial...

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