UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-2304

JERRY KIRKPATRICK,

Plaintiff - Appellant,

versus

DAVID GUINN; LINCOLNTON BANK; BETTY SEZTER, Lincolnton Bank Official, sued in her individ- ual and official capacity,

Defendants - Appellees, and

SHERRY KIRKPATRICK,

Defendant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Richard L. Voorhees, Chief District Judge. (CA-95-30-5-V)

Submitted: March 12, 1998 Decided: March 23, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion. Jerry Kirkpatrick, Appellant Pro Se. R. Keith Johnson, Charlotte, North Carolina; Clifton Walker Homesley, HOMESLEY, JONES, GAINES & HOMESLEY, Mooresville, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's order dismissing his

civil action for lack of subject matter jurisdiction pursuant to

. We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. Kirkpatrick v. Guinn, No. CA-95- 30-5-V (W.D.N.C. Sept. 1, 1997). 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 deci- sional process.

AFFIRMED

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