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GAYNOE v. FIRST UNION CORP.

No. COA01-1171.

571 S.E.2d 24 (2002)

John S. GAYNOE, on behalf of himself and all others similarly situated, Plaintiff, v. FIRST UNION CORPORATION and First Union Direct Bank, N.A., Defendants.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Lewis & Roberts, P.L.L.C., by Gary W. Jackson and Ryan J. Adams, Raleigh; and Green Fauth & Jigarjian, L.L.P., by Robert S. Green and Gordon M. Fauth, Jr., San Francisco, CA, for plaintiff-appellant.

James, McElroy & Diehl, P.A., by Edward T. Hinson, Jr. and Preston O. Odom, III, Charlotte; and Pope & Hughes, P.A., by J. Preston Turner, Towson, for defendants-appellees.

WALKER, Judge.

Plaintiff's claims arise out of a cardholder agreement pursuant to his having obtained a credit card account from defendant First Union Direct Bank, N.A. (FUDB), a Georgia corporation and wholly-owned subsidiary of defendant First Union Corporation, headquartered in Charlotte, North Carolina.

In 1993, plaintiff submitted a credit card application to FUDB on which he selected an option requiring him to pay an annual fee of $39 with an annual...

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