Scott v. Branch Banking & Trust Co.

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 26, 2009
• Docket: 09-1041
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1041

T. MICHAEL SCOTT; SUFFERN ASSOCIATES, LLC; CATHERINE C. DAVIS; MICHAEL D. DAVIS,

Plaintiffs – Appellants,

v.

BRANCH BANKING & TRUST COMPANY, successor by merger to Branch Banking and Trust Company of Virginia,

Defendant – Appellee.

----------------------------

VIRGINIA BANKERS ASSOCIATION,

Amicus Supporting Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:08-cv-00515-gec)

Submitted: August 7, 2009 Decided: August 26, 2009

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brian M. Maul, GORDON & SIMMONS, LLC, Frederick, Maryland, for Appellants. Paul M. Black, SPILMAN THOMAS & BATTLE, PLLC, Roanoke, Virginia; Alan D. Wingfield, TROUTMAN SANDERS LLP, Richmond, Virginia, for Appellee. Joseph E. Spruill, III, VIRGINIA BANKERS ASSOCIATION, Glen Allen, Virginia, for Amicus Supporting Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

T. Michael Scott, Suffern Associates, LLC, Catherine

C. Davis, and Michael D. Davis appeal the district court’s order

granting Defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss

their civil action and denying leave to amend their complaint.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Scott v. Branch Banking & Trust Co., 588 F. Supp. 2d 667

(W.D. Va. 2008). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED