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DISCON, INC. v. NYNEX CORP.

Docket No. 95-7673.

184 F.3d 111 (1999)

DISCON, INCORPORATED, Plaintiff-Appellant, v. NYNEX CORPORATION, NYNEX Material Enterprises, New York Telephone Company, Robert J. Eckenrode, and Bernard O'Reilly, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 20, 1999.

Attorney(s) appearing for the Case

Lawrence C. Brown, Buffalo, N.Y., for plaintiff-appellant.

Henry B. Gutman, Simpson Thacher & Bartlett, New York, N.Y.; Richard G. Taranto, Farr & Taranto, Washington, D.C.; John Thorne, Robert H. Griffen, Bell Atlantic Corp., Arlington, Va., on the brief, for defendants-appellees.

Before: NEWMAN, OAKES and PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal is before the Court on remand from the Supreme Court. See NYNEX Corp. v. Discon, Inc., 525 U.S. 128, 119 S.Ct. 493, 142 L.Ed.2d 510 (1998) ("NYNEX"). That remand confronts us with a somewhat unusual issue of interpretation. The Court's remand ends with the customary language that "the case is remanded for further proceedings consistent with this opinion," id. at ___, 119...

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