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BROWN & ROOT DEVELOPMENT v. TENNESSEE VALLEY AUTH.

No. 81-7390.

681 F.2d 1313 (1982)

BROWN & ROOT DEVELOPMENT, INC., Plaintiff-Appellee, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 2, 1982.

Attorney(s) appearing for the Case

Herbert S. Sanger, Jr., Gen. Counsel, Justin M. Schwamm, Sr., Charles W. Van Beke, Assts. Gen. Counsel, Brent R. Marquand, Alvin M. Cohen, Knoxville, Tenn., for defendant-appellant Tennessee Valley Authority.

Speake, Speake & Reich, J. G. Speake, Moulton, Ala., Powell, Wilson, Brown & Maverick, William A. Brown, Harry M. Thomson, Jr., Houston, Tex., for plaintiff-appellee.

Before MORGAN, KRAVITCH and HENDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

The Tennessee Valley Authority [TVA] appeals from an order of the district court assuming jurisdiction under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601 et seq., of this contract dispute between TVA and appellee Brown & Root Development, Inc. [Brown & Root]. At issue is the validity of a TVA regulation requiring contractors who have the option of choosing to resolve disputes either under the "disputes" clause of their...

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