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VANGUARD TELECOMMUNICATIONS v. SO. NEW ENGLAND TEL. CO.

No. 89-5550.

900 F.2d 645 (1990)

VANGUARD TELECOMMUNICATIONS, INC., Appellant, v. SOUTHERN NEW ENGLAND TELEPHONE COMPANY; CSX Corporation, and Lightnet.

United States Court of Appeals, Third Circuit.

Decided March 30, 1990.

Rehearing and Rehearing Denied May 23, 1990.

Attorney(s) appearing for the Case

John G. Jacobs (argued), Jonah Orlofsky, Susan R. Haerr, Plotkin & Jacobs, Ltd., Chicago, Ill., Gerald T. Ford, Siff, Rosen & Parker, Newark, N.J., for appellant.

Jack Lipson (argued), Steven G. Reade, Michele J. Brace, Arnold & Porter, Washington, D.C., Matthew P. Boylan, Lee Hilles Wertheim, Lowenstein, Sandler, Kohn, Fisher & Boylan, Roseland, N.J., for appellees.

Before HUTCHINSON, COWEN, and ROSENN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 23, 1990.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The appeal in this diversity case from the trial court's grant of summary judgment presents primarily a question of contract construction. Plaintiff, Vanguard Telecommunications (Vanguard), sued defendants, Southern New England Telephone (SNET), CSX Corporation (CSX), and their joint venture Lightnet (referred to collectively as Lightnet) for an alleged...

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