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HALIFAX CORP. v. FIRST UNION NAT. BANK

Record No. 001944.

546 S.E.2d 696 (2001)

262 Va. 91

HALIFAX CORPORATION v. FIRST UNION NATIONAL BANK.

Supreme Court of Virginia.

June 8, 2001.

Attorney(s) appearing for the Case

Robert W. Ludwig, Jr., (John J. Vecchione; Edwin Y. Szeto; Henry St. John Fitzgerald; Ludwig & Robinson, on briefs), for appellant.

Grady C. Frank, Jr. (Thomas C. Junker; Rebecca E. Kuehn, Falls Church; Paige B. McThenia, Buena Vista; LeClair Ryan, on brief), for appellee.

Present: CARRICO, C.J., HASSELL, KEENAN, KINSER, and LEMONS, JJ., POFF and STEPHENSON, Senior JJ.

HASSELL, Justice.

The primary issue that we consider in this appeal is whether a plaintiffs cause of action against a bank is precluded by Code § 8.4-406(f), which is a part of Virginia's Uniform Commercial Code.

II.

Halifax Corporation filed its motion for judgment against First Union National Bank and Wachovia Bank, N.A. In Count I of a multi-count motion for judgment, Halifax sought recovery from First Union under Code § 8.4-401, which...

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