Community Bank & Trust Company v. William J. Copses

OPINION

LUTTIG, Circuit Judge:

Appellee, Community Bank & Trust Company, a North Carolina banking corporation, brought this diversity action under 28 U.S.C. § 1332 against appellant, William J. Copses, a South Carolina resident and citizen, to recover damages for breach of a loan guaranty agreement. Appellant asserted in defense to Community Bank & Trust’s claim inter alia that the bank had failed to satisfy its obligation under North Carolina law to use reasonable diligence to recover on collateral before proceeding against him as a guarantor. See N.C.Gen. Stat. § 26-7. The district court…