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DIXIE SAND & GRAVEL v. TENNESSEE VALLEY AUTHORITY

No. 80-7085 Summary Calendar.

631 F.2d 73 (1980)

DIXIE SAND AND GRAVEL COMPANY, INC., a Tennessee Corporation, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

November 21, 1980.

Attorney(s) appearing for the Case

F. A. Courtenay, Jr., New Orleans, La., for plaintiff-appellant.

Herbert S. Sanger, Jr., James E. Fox, Asst. Gen. Counsel, Michael R. McElroy, Thomas C. Doolan, Knoxville, Tenn., for defendant-appellee.

Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant sued TVA alleging that its failure to maintain a nine foot channel in a segment of the Tennessee River caused the sinking of appellant's barge. The district court granted TVA's motion for summary judgment on the basis of a law clerk's memorandum, which was attached to the order. Appellant filed a timely motion for reconsideration of the grant of summary judgment. The district court denied this motion but amended the judgment. Appellant...

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