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OFFISS, INC. v. FIRST UNION NAT. BANK

No. COA01-620.

562 S.E.2d 905 (2002)

OFFISS, INC., Plaintiff-Appellant, v. FIRST UNION NATIONAL BANK, Defendant-Appellee. First Union National Bank, Third-Party Plaintiff, v. Tax-Free Income Trust s/h/a Tax-Free High Yield Portfolio, Third-Party Defendant.

Court of Appeals of North Carolina.

May 21, 2002.

Attorney(s) appearing for the Case

Rayburn Cooper & Durham, P.A., by G. Kirkland Hardymon, Charlotte, for plaintiff-appellant.

Robinson, Bradshaw & Hinson, P.A., by David M. Schilli, Charlotte, for defendant-appellee/third-party plaintiff-appellee.

Moore & Van Allen, PLLC, by Jeffrey J. Davis; and Dorsey & Whitney, LLP, by Patrick J. McLaughlin, Charlotte, for third-party defendant-appellee.

WALKER, Judge.

Plaintiff OFFISS, Inc. (OFFISS) initiated this action on 1 October 1999 against defendant First Union National Bank (First Union) asserting claims for conversion, breach of fiduciary duty, negligence, breach of contract, and unfair and deceptive trade practices.1 First Union answered denying liability and asserting affirmative defenses of waiver, estoppel, and laches. First Union also filed a third-party complaint against...

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