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PATTON WRECKING & DEM. CO. v. TENNESSEE VALLEY AUTH.

No. 71-2363.

465 F.2d 1073 (1972)

PATTON WRECKING AND DEMOLITION CO., Inc., and Patton Bros., Inc., a joint venture, Plaintiffs-Appellees, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1972.

Attorney(s) appearing for the Case

Robert H. Marquis, Gen. Counsel, Tennessee Valley Authority, Thomas A. Pedersen, Sol., Charles W. Van Beke, Knoxville, Tenn., for defendant-appellant.

Clayton J. Swank, III, J. Murray Akers, Robertshaw, Merideth & Swank, Greenville, Miss., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

INGRAHAM, Circuit Judge:

The issue on this interlocutory appeal is whether a government contractor's suit for a declaratory judgment of the government's asserted anticipatory breach of contract was barred by virtue of the contractor's failure to exhaust the contractually established disputes procedure.

The contract, let after competitive bidding and inspection, was for the resurfacing of one of the Tennessee Valley Authority's dams. The bid invitation was...

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