Winter Park Telephone Co. v. Southern Bell Telephone & Telegraph Co.

WALLER, Circuit Judge.

The Court below granted a summary judgment in favor of the Plaintiff without making any express findings of fact or conclusions of law.

We are of the opinion that this case is not one that readily lends itself to such a summary disposition.

The facts and circumstances, although in no material dispute as to their actuality, reveal aspects from which inconsistent hypotheses might reasonably be drawn and as to which the minds of reasonable men might differ.

The drawing of inferences and the acceptance of hypotheses arising out of the facts are ordinarily attributes that the…