American Telephone & Telegraph Co. v. Delta Communications Corp.

A careful consideration of claimant Delta’s cogent petition for rehearing persuades us that our mandate should be modified in one respect and requires a brief further explication of our original holding.

Selecting and juxtaposing — not entirely out of context — various passages from the exhaustive opinion of the district court adopted by us, Delta presses upon us that we erred in our application of First National Bank v. Cities Service Co., 391 U.S. 253, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968). Our error is said to be in having permitted the trial court, in passing on motions for summary…