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DIVERSIFIED ENERGY v. TENNESSEE VALLEY AUTHORITY

Nos. 98-5857, 98-5935.

223 F.3d 328 (2000)

DIVERSIFIED ENERGY, INC., Plaintiff-Appellant/Cross-Appellee, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2000.

Attorney(s) appearing for the Case

Herbert S. Sanger, Jr., General Counsel (argued and briefed), Charles W. Van Beke (briefed), Wagner, Myers & Sanger, Knoxville, Tennessee, for Plaintiff-Appellant, Cross-Appellee.

Peter K. Shea (argued and briefed), Edwin W. Small (briefed), James E. Fox, Deputy General Counsel (briefed), Tennessee Valley Authority, Knoxville, Tennessee, for Defendant-Appellee, Cross-Appellant.

Before: KEITH, BOGGS, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which KEITH, J., joined. BOGGS, J. (pp. 340-43), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Plaintiff, Diversified Energy, Inc. ("Diversified"), filed this breach of contract action against Defendant, Tennessee Valley Authority ("TVA"), pursuant to the Contract Disputes Act of 1978 ("CDA"), 41 U.S.C. §§ 601-13, alleging that TVA had improperly refused to accept...

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