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HOKE CO., INC. v. TENNESSEE VALLEY AUTHORITY

No. 87-6028.

854 F.2d 820 (1988)

HOKE COMPANY, INC. and Alley-Cassetty Coal Company, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1988.

Rehearing Denied October 4, 1988.

Attorney(s) appearing for the Case

Richard W. Jones, Hurt and Jones, Murray, Ky., Michael J. Zavatsky, Taft, Stettinius & Hollister, Cincinnati, Ohio, Thomas R. McCoy (argued), School of Law, Vanderbilt Univ., Nashville, Tenn., for plaintiffs-appellants.

Edward Christenbury, Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., James E. Fox, Deputy Gen. Counsel, Robert C. Glinski, Asst. Gen. Counsel (argued), Melvin L. Harper, for defendant-appellee.

Before MARTIN, MILBURN and GUY, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, a non-unionized contractor, filed suit against defendant Tennessee Valley Authority (TVA), seeking judicial review of TVA's decision to award a coal purchase contract to a unionized contractor. In response, TVA filed a motion to dismiss or for summary judgment. The district court granted TVA's motion and dismissed the case accordingly. 661 F.Supp. 740. Because we conclude that (1) plaintiffs...

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