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IN RE MACO HOMES, INC.

No. 97-2735.

180 F.3d 163 (1999)

In re MACO HOMES, INCORPORATED, Debtor. Bob McLemore and Company, Incorporated, Plaintiff-Appellant, v. Maco Homes, Incorporated, Plaintiff, v. Home Federal Savings and Loan Association of Charlotte, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1999.

Attorney(s) appearing for the Case

ARGUED: John Caldwell Warley, Durrette, Irvin & Bradshaw, P.C., Richmond, Virginia, for Appellant. James Heath Pulliam, Horack, Talley, Pharr & Lowndes, P.A., Charlotte, North Carolina, for Appellee. ON BRIEF: Wyatt B. Durrette, Jr., Durrette, Irvin & Bradshaw, P.C., Richmond, Virginia, for Appellant. Zipporah Basile Edwards, Horack, Talley, Pharr & Lowndes, P.A., Charlotte, North Carolina, for Appellee.

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by published opinion. Judge ERVIN wrote the opinion, in which Judge MOTZ and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge:

Appellant Bob McLemore & Co., Inc. (BMC), a North Carolina real estate development corporation, sued its lender, Charlotte-based Home Federal Savings & Loan (Home Federal), for wrongful dishonor of a BMC check and for the wrongful setoff of funds in BMC's money market deposit account. BMC appeals...

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