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FIRST UNION COMMERCIAL CORP. v. GATX CAPITAL CORP.

No. 02-1823.

411 F.3d 551 (2005)

FIRST UNION COMMERCIAL CORPORATION; American Express Bank, Limited, Plaintiffs-Appellees, and First Security Leasing Company, Plaintiff, v. GATX CAPITAL CORPORATION, formerly known as GATX Leasing Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 2005.

Attorney(s) appearing for the Case

ARGUED: George Joseph Frost, Hosie, Frost, Large & McCarthur, San Francisco, California, for Appellant. Charles Evans Johnson, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina; Bruce G. Paulsen, Seward & Kissel, L.L.P., New York, New York, for Appellees. ON BRIEF: G. Kirkland Hardymon, Rayburn, Cooper & Durham, P.A., Charlotte, North Carolina, for Appellant. Michele S. Kayne, Seward & Kissel, L.L.P., New York, New York, for Appellees.

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge NIEMEYER and Judge GREGORY concurred.

OPINION

WIDENER, Circuit Judge.

I.

This case involves a contractual dispute between plaintiffs, First Union Commercial Corporation (First Union) and American Express Bank (AMEX), and defendant, GATX Capital Corporation (GATX), regarding the sale of an oil tanker, the SS Charles Pigott (Pigott). The parties filed...

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