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CANADYNE-GEORGIA CORP. v. NATIONSBANK, N.A.

No. 97-9357.

183 F.3d 1269 (1999)

CANADYNE-GEORGIA CORPORATION, Plaintiff-Appellant, v. NATIONSBANK, N.A. (SOUTH), as successor by merger to Bank South, f.k.a. Bank South, N.A., etc., Individually and in its capacity and executor and trustee of the J.W. Woolfolk Trust; the J.W. Woolfolk Trust, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Walter H. Bush, John Clay Spinrad, L. Patricia Arias, Arnall, Golden & Gregory, LLP, Atlanta, GA, for Plaintiff-Appellant.

Nill V. Toulme, Douglas S. Arnold, E. Peyton Whitener, Atlanta, GA, Anne S. Emmanuel, Patricia Morgan, Georgia State University of Law, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON and BLACK, Circuit Judges, and RESTANI, Judge.

BLACK, Circuit Judge:

Appellant Canadyne-Georgia Corporation (Canadyne) appeals the district court's dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of Canadyne's complaint against NationsBank, N.A. (South) (the Bank). Canadyne's allegations, if proved, would support its claims against the Bank. Accordingly, we reverse the district court's dismissal of the complaint and remand for further proceedings.

I. BACKGROUND

Between 1990 and 1995, the Environmental...

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