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WACHOVIA BANK, NAT. ASS'N v. SCHMIDT

No. 03-2061.

445 F.3d 762 (2006)

WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff-Appellant, v. Daniel G. SCHMIDT, III; Priag LLC; DGS Investments, Inc., Defendants-Appellees. Office of the Comptroller of the Currency, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 25, 2006.

Attorney(s) appearing for the Case

Robert W. Fuller, III, Stephen M. Cox, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellant. James R. Gilreath, Greenville, South Carolina; John P. Freeman, Columbia, South Carolina; T. English McCutchen, III, L. Susan Foxworth, McCutchen Blanton Johnson & Barnette, LLP, Columbia, South Carolina, for Appellees. Daniel P. Stipano, Horace G. Sneed, Larry J. Stein, Office of the Comptroller of the Currency, Washington, D.C., for Amicus Supporting Appellant.

Before LUTTIG and KING, Circuit Judges, and ROBERT R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge LUTTIG and Senior Judge BEEZER joined.

OPINION

KING, Circuit Judge:

In June 2003, Daniel G. Schmidt, III, Priag LLC, and DGS Investments, Inc. (together, the "Schmidt Defendants"), filed a civil action in the Court of Common Pleas of Greenville County, South Carolina, asserting that Wachovia Bank, National Association, and others had wrongfully induced them to participate...

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