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TAMPA ELECTRIC COMPANY v. NASHVILLE COAL COMPANY

No. 13775.

276 F.2d 766 (1960)

TAMPA ELECTRIC COMPANY, Appellant, v. NASHVILLE COAL COMPANY, Nashville Coal, Inc., and West Kentucky Coal Company, Appellees.

United States Court of Appeals Sixth Circuit.

April 4, 1960.

Attorney(s) appearing for the Case

William C. Chanler, New York City, (Winthrop, Stimson, Putnam & Roberts, New York City, David M. Keeble of Hooker, Keeble, Dodson & Harris, Nashville, Tenn., on the brief; Edwin J. Wesely, Stephen A. Weiner, New York City, of counsel), for appellant.

Abe Fortas, Washington, D. C. (Norman Diamond of Arnold, Fortas & Porter, Washington, D. C., Cecil Sims of Bass, Berry & Sims, Nashville, Tenn., on the brief), for appellee.

Before MILLER, CECIL and WEICK, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The appellant, Tampa Electric Company, brought this declaratory judgment action in the District Court, pursuant to Sec. 2201, Title 28 U.S.C., for the purpose of having its contract of May 23, 1955, providing for the purchase of coal by it from the appellees, declared valid and enforceable. The appellees contended that the contract was illegal and unenforceable by or against either of the contracting parties, in that it was...

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