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FIRST SAV. BANK, FSB v. CAPITAL INVESTORS

No. 2225.

450 S.E.2d 83 (1994)

The FIRST SAVINGS BANK, FSB, Respondent, v. CAPITAL INVESTORS, a South Carolina Joint Venture, J. Key Powell, Hampton N. Metts, Cynthia R. Engel and Albert E. Engel, Defendants/Third-Party Plaintiffs, v. Ray DAVIS, Al Barnett and Thomas B. McTeer, Jr., Third-Party Defendants, of whom Capital Investors, a South Carolina Joint Venture, J. Key Powell, Cynthia R. Engel and Albert E. Engel are Appellants.

Court of Appeals of South Carolina.

Decided September 19, 1994.

Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Sean M. Sullivan and Helen Davis Chaitman, Ross & Hardies, Somerset, NJ, and Daryl J. Corbin, Florence, for appellants.

Jacquelyn L. Bartley and James M. Brailsford, III, Robinson, McFadden & Moore, Columbia, for respondent.

James D. Cooper, Jr., Cooper, Coffas, & Megna, Columbia, for defendant, third-party plaintiff Hampton N. Metts.

SHAW, Judge:

The First Savings Bank, FSB, brought suit against Capital Investors, a South Carolina Joint Venture, and individual members thereof, to recover on a promissory note and personal guaranties. The defendants answered and counterclaimed alleging fraudulent inducement, breach of fiduciary duty, civil conspiracy and negligent misrepresentation. The trial court granted the bank's motion for summary judgment. Capital Investors and members J. Key Powell, Cynthia...

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