Commercial Nat. Bank v. Connolly

WALLER, Circuit Judge.

The several opinions1 heretofore written render it unnecessary to restate the legal and factual issues involved or to engage in *1006extended discussion. Consequently this opinion will merely undertake to set forth the following conclusions of the majority of the Court, en banc:2

A. The doctrine of the law of the case usually raises a disinclination on the part of an appellate court to re-examine its own prior legal pronouncements in a case, but the doctrine does not destroy its power to do so.3 Five judges of this Court, sitting en banc, have the power, and a majority has the…