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MAHONEY v. NATIONSBANK OF VIRGINIA, N.A.

Record Nos. 940478, 940484.

455 S.E.2d 5 (1995)

Joseph J. MAHONEY, Jr., et al. v. NATIONSBANK OF VIRGINIA, N.A. NATIONSBANK OF VIRGINIA, N.A. v. Joseph J. MAHONEY, Jr., et al.

Supreme Court of Virginia.

March 3, 1995.

Attorney(s) appearing for the Case

Thomas P. Mains, Jr., Alexandria (Mains and Mains, on brief), for Joseph J. Mahoney, Jr., et al.

James W. Korman, Arlington (Dannon G. Williams, Bean, Kinney & Korman, on brief), for NationsBank of Virginia, N.A.

Present: All the Justices.

STEPHENSON, Justice.

The two issues presented in these consolidated appeals are (1) whether the obligation of good faith prescribed in Code § 8.1-203, a part of the Uniform Commercial Code (the UCC), can be invoked to negate or modify express contractual provisions (Record No. 940478) and (2) whether the trial court erred in refusing to order the payment of attorney's fees (Record No. 940484).

I

NationsBank of Virginia, N.A. (the Bank) filed...

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