SCHWEIKERT v. BANK OF AMERICA, N.A.

No. 06-2137.

521 F.3d 285 (2008)

Eugene SCHWEIKERT, Plaintiff-Appellant, v. BANK OF AMERICA, N.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2008.


Attorney(s) appearing for the Case

ARGUED: Laurence S. Kaye, Gaithersburg, Maryland, for Appellant. Elena Daly Marcuss, McGuirewoods, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Julie Glass Martin-Korb, Rockville, Maryland, for Appellant. Douglas M. Topolski, McGuirewoods, L.L.P., Baltimore, Maryland, for Appellee.

Before WILKINSON and KING, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge WILKINSON and Judge KING concurred.

OPINION

FLOYD, District Judge:

Eugene Schweikert appeals the district court's order dismissing the complaint against Bank of America, N.A. ("Bank") in this action. Specifically, Schweikert contends that the district court erred by concluding that (1) Schweikert was an "officer," whose claim was...

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