WACHOVIA BANK v. FEDERAL RESERVE BANK OF RICHMOND

Nos. 02-1912, 02-2080.

338 F.3d 318 (2003)

WACHOVIA BANK, N.A., Plaintiff-Appellee, v. FEDERAL RESERVE BANK OF RICHMOND, Defendant-Appellant, and Wal-Mart Stores, Incorporated, Third Party Defendant. Wachovia Bank, N.A., Plaintiff, v. Federal Reserve Bank of Richmond, Defendant-Appellant, v. Wal-Mart Stores, Incorporated, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2003.


Attorney(s) appearing for the Case

ARGUED: Glen Kirkland Hardymon, Rayburn, Cooper & Durham, P.A., Charlotte, North Carolina, for Appellant.

Alan Meredith Ruley, Bell, Davis & Pitt, P.A., Winston-Salem, North Carolina, for Appellee Wachovia; Richard D. Ballot, Pitney, Hardin, Kipp & Szuch, L.L.P., Morristown, New Jersey, for Appellee Wal-Mart.

ON BRIEF: Stephen D. Poe, Bell, Davis & Pitt, P.A., Winston-Salem, North Carolina, for Appellee Wachovia.

Before NIEMEYER and SHEDD, Circuit Judges, and TERRY L. WOOTEN, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge WOOTEN joined.

OPINION

SHEDD, Circuit Judge:

Wachovia Bank ("Wachovia") brought an action in North Carolina state court against the Federal Reserve Bank of Richmond ("FRB") for breach of transfer and presentment warranties under Article 4 of the Uniform Commercial Code ("U.C.C."), and under 12 C.F.R. § 210.6(b)("Regulation J"). The FRB removed the...

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