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ACEVEDO v. FIRST UNION NAT. BANK

No. 02-16334.

357 F.3d 1244 (2004)

John ACEVEDO, Plaintiff-Appellant, v. FIRST UNION NATIONAL BANK, a foreign banking corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 26, 2004.

Attorney(s) appearing for the Case

Ira C. Hatch, Jr., Hatch & Doty, P.A., Vero Beach, FL, Ronald E. Dobelstein, Alpharetta, GA, for Plaintiff-Appellant.

Steven M. Collins, Paul James Kaplan, Alston & Bird, LLP, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT, BIRCH and GOODWIN, Circuit Judges.

GOODWIN, Circuit Judge:

Plaintiff John Acevedo appeals the district court's ruling that he cannot hold defendant First Union National Bank ("First Union") liable for cashier's checks issued by a failed bank but included in the failed bank's assets and liabilities accepted by First Union. Under 12 U.S.C. § 1822(e), First Union has no liability for deposits not claimed within eighteen months after the Federal Deposit Insurance Corporation (the "FDIC") mails notice...

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