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MONSANTO CO. v. TENNESSEE VALLEY AUTHORITY

No. 78-2917.

616 F.2d 887 (1980)

MONSANTO COMPANY, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 1980.

Attorney(s) appearing for the Case

Bradley, Arant, Rose & White, Warren B. Lightfoot, Robert W. Bradford, Jr., Birmingham, Ala., for plaintiff-appellant.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Asst. Gen. Counsel, Justin M. Schwamm, Sr., Asst. Gen. Counsel, Melvin L. Harper, Tennessee Valley Authority, Knoxville, Tenn., for defendant-appellee.

Before VANCE and SAM D. JOHNSON, Circuit Judges, and THOMAS, District Judge.

PER CURIAM:

In this appeal Monsanto Company challenges the propriety of a grant of summary judgment for the defendant, Tennessee Valley Authority (TVA). Since the case presents a genuine issue of material fact, the district court's order is reversed and the case is remanded for further proceedings.

On February 28, 1975, Monsanto and TVA entered into a contract. The agreement provided that TVA would furnish Monsanto...

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