No. 82-5148.

709 F.2d 440 (1983)

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

United States Court of Appeals, Sixth Circuit.

Decided June 13, 1983.

Rehearing Denied July 25, 1983.

Attorney(s) appearing for the Case

William G. Cockrill (argued), McCord & Cockrill, Knoxville, Tenn., for plaintiff-appellant.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel, Robert C. Glinski (argued), Edwin W. Small, Knoxville, Tenn., for defendant-appellee Tennessee Valley Authority.

Before LIVELY and CONTIE, Circuit Judges, and WEICK, Senior Circuit Judge.

CONTIE, Circuit Judge.

Sigmon Fuel Company, an assignee of the proceeds of a coal mining contract between the Tennessee Valley Authority (TVA) and J.L. Thacker, Inc. (Thacker), appeals from the district court's order granting the TVA's motion for summary judgment, 531 F.Supp. 80 (E.D.Tenn.1982), and an order denying Sigmon Fuel's subsequent Fed.R. Civ.P. 59 motion to alter or amend judgment. The sole issue necessary for...

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