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TENNESSEE VALLEY AUTH. v. ATLAS MACH. & IRON WORKS

No. 85-2405.

803 F.2d 794 (1986)

TENNESSEE VALLEY AUTHORITY, Appellant, v. ATLAS MACHINE & IRON WORKS, INC. and Williams Enterprises, Inc., Defendants. In re FIREMAN'S FUND INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1986.

Attorney(s) appearing for the Case

Robert E. Washburn (Herbert S. Sanger, Jr., Gen. Counsel, Tennessee Valley Authority, Justin M. Schwamm, Sr., Asst. Gen. Counsel, Knoxville, Tenn., on brief), for appellant.

Thomas H. McGrail (Thompson, Larson, McGrail, O'Donnell & Harding, Washington, D.C., on brief), for appellee.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

The Tennessee Valley Authority's appeal presents the question whether an appellant's obligation under a supersedeas bond, given to stay execution of a judgment pending appeal, is either (1) excused when the opposing party cross-appeals or (2) discharged when the court of appeals affirms as to liability but remands for a new trial as to damages.

I.

In a prior opinion, we dealt with a dispute over two construction contracts...

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