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CARBORUNDUM CO. v. TENNESSEE VALLEY AUTHORITY

No. CIV-1-80-298.

518 F.Supp. 1260 (1981)

The CARBORUNDUM COMPANY v. TENNESSEE VALLEY AUTHORITY, et al.

United States District Court, E. D. Tennessee, S. D.

July 29, 1981.

Attorney(s) appearing for the Case

Thomas O. Helton, Stophel, Caldwell & Heggie, Chattanooga, Tenn., George W. Grider and Charles M. Crump, Apperson, Crump, Duzane & Maxwell, Memphis, Tenn., for plaintiff.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel, Robert C. Glinski, Robert E. Washburn, T.V.A., Knoxville, Tenn., for defendants.

MEMORANDUM

FRANK W. WILSON, Chief Judge.

This is an action in which the plaintiff, The Carborundum Company, brought suit seeking relief from the minimum payment provisions of its ten-year electric service contract with the Tennessee Valley Authority. The action seeking a declaratory judgment was filed upon September 17, 1980, although by the terms of the contract the last payment would not have been due until...

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