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LEMA v. BANK OF AMERICA

No. 93, Sept. Term, 2002.

826 A.2d 504 (2003)

375 Md. 675

Nkiambi Jean LEMA v. BANK OF AMERICA, N.A.

Court of Appeals of Maryland.

June 17, 2003.

Attorney(s) appearing for the Case

Cynthia E. Young, Annapolis, Darren Margolis (Bierer & Margolis, P.A., Baltimore, on brief), for petitioner.

Dennis P. McGlone (Brian L. Moffet, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, on brief), Baltimore, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, JJ.

BATTAGLIA, J.

We must determine in this case whether a deposit agreement between Petitioner Nkiambi Jean Lema, and his bank, Respondent, Bank of America, N.A. (hereinafter "Bank of America" or the "Bank"), altered the effect of the Maryland Uniform Commercial Code, presently codified at Maryland Code, §§ 1-101 to 10-112 of the Commercial Law Article (1975, 2002 Repl. Vol.) (hereinafter "UCC"), so that the Bank was entitled to debit Lema's account for losses...

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