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RUSSELL v. BARNETT BANKS, INC.

No. A99A2101.

527 S.E.2d 25 (1999)

241 Ga. App. 672

RUSSELL v. BARNETT BANKS, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied December 23, 1999.

Certiorari Dismissed May 5, 2000.

Attorney(s) appearing for the Case

Saia & Richardson, Joseph J. Saia, Peachtree City, for appellant.

Miller & Martin, William A. DuPre IV, Atlanta, for appellees.

BLACKBURN, Presiding Judge.

Melvin Russell appeals the trial court's grant of summary judgment to Barnett Banks, Inc. and NationsBank, N.A. (collectively the Bank), contending that the Bank, which had issued a construction loan to him, breached its fiduciary duty by disbursing payments to the builder of Russell's home for incomplete or substandard work. We find, however, that the Bank was not in a fiduciary relationship with Russell and, therefore, affirm the trial...

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