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FOSTER WHEELER ENERGY v. METRO. KNOX SOLID WASTE

No. 91-6129.

970 F.2d 199 (1992)

FOSTER WHEELER ENERGY CORPORATION; Foster Wheeler Knox County, Inc., Plaintiffs-Appellees, v. The METROPOLITAN KNOX SOLID WASTE AUTHORITY, INC., Defendant, City of Knoxville, Tennessee; the County of Knox, Tennessee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1992.

Order Denying Rehearing and Clarifying Opinion September 2, 1992.

Attorney(s) appearing for the Case

Charles J. Gearhiser (briefed), Robert Lockaby, Jr. (argued) Michael Anderson, Gearhiser, Peters & Horton, Chatanooga, Tenn., for plaintiffs-appellees.

John A. Lucas (argued and briefed), J. Burns Newsome, Hunton & Williams, Thomas A. Varlan, Director of Law, City of Knoxville Law Dept., Knoxville, Tenn., for defendant-appellant City of Knoxville, Tenn.

Richard T. Beeler, John E. Owings (briefed), Knox County Law Director's Office, Tenn., for defendant-appellant County of Knox, Tenn.

Before: KEITH and SUHRHEINRICH, Circuit Judges; and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Defendants, the City of Knoxville, and Knox County, Tennessee, appeal an interlocutory order, pursuant to 28 U.S.C. § 1292(b), denying their motion to dismiss this diversity contract action on grounds that they were not liable for the contractual obligations of the separately incorporated Waste Authority.

I.

This lawsuit arises out of the proposed construction of a solid waste incinerator (the "Facility") in Knox...

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