CITY OF HUNTSVILLE v. CITY OF MADISON

No. 93-6554.

24 F.3d 169 (1994)

CITY OF HUNTSVILLE, Plaintiff-Appellant, v. CITY OF MADISON; Owens Crossroads, Town of; Gurley, Town of; New Hope, City of; Triana, Town of; Madison County; Marshall County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 1994.


Attorney(s) appearing for the Case

Peter S. Joffrion, Michael L. Fees, William F. Patty, Huntsville, AL, for appellant.

William W. Sanderson, Jr., Jeffrey T. Kelly, Huntsville, AL, for City of Madison, City of New Hope, Town of Triana, Town of Gurley.

G. Bartley Loftin, III, Huntsville, AL, for Town of Owens Crossroads.

Julian D. Butler, Fred L. Coffey, Jr., Huntsville, AL, for Madison County.

Before BLACK, Circuit Judge, FAY, Senior Circuit Judge, and GRAHAM, District Judge.


BLACK, Circuit Judge:

This appeal requires us to determine whether the district court has federal question jurisdiction over the declaratory judgment action brought by the City of Huntsville, Alabama. Appellees, other Alabama local governments, had threatened to sue Huntsville for breach of contract as third-party beneficiaries to Huntsville's contract with the Tennessee Valley Authority (TVA). In the district court, Appellant Huntsville sought a declaration of its...

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