Legal Opinion
Covad Communications Co. v. BellSouth Corp.
Court of Appeals for the Eleventh Circuit
Decided December 20, 2002No. 01-16064PublishedCited by 2 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.* BY THE COURT:
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.
TJOFLAT, Circuit Judge, dissenting from the denial of Rehearing En Banc, in which ANDERSON and BIRCH, Circuit Judges, join:
I. Background
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2Cases cited15 opinions
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
- Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 1993
- Aspen Skiing Co. v. Aspen Highlands Skiing Corp.Supreme Court of the United States · 1985
- MCI Communications Corporation and MCI Telecommunications Corporation v. American Telephone and Telegraph CompanyCourt of Appeals for the Seventh Circuit · 1983
- United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1983
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3Cited by2 opinions
- James Kehoe v. Fidelity Federal Bank & TrustCourt of Appeals for the Eleventh Circuit · 2005
- Covad Communications Company v. Bellsouth CorporationCourt of Appeals for the Eleventh Circuit · 2002