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SMITH v. FIRST UNION NAT. BANK OF TENN.

958 S.W.2d 113 (1997)

Royce T. SMITH, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FIRST UNION NATIONAL BANK OF TENNESSEE, Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied November 24, 1997.

Attorney(s) appearing for the Case

Gordon Ball, Knoxville, J. Kenneth Porter, Newport, for Plaintiffs-Appellants.

William S. Lockett, Jr., Kennerly, Montgomery & Finley, P.C., Knoxville, Carl N. Patterson, Jr., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, NC, for Defendant-Appellee.

Permission to Appeal Denied by Supreme Court November 24, 1997.

OPINION

McMURRAY, Judge.

Royce T. Smith (plaintiff) filed this action against First Union National Bank of Tennessee (bank) ostensibly as a class action.1 In his complaint the plaintiff seeks damages for what is alleged to be unfair, deceptive and unlawful practices of the bank in the way and manner it handles multiple checks drawn on the plaintiff...

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