Legal Opinion

Diversified Energy, Inc., Plaintiff-Appellee/cross-Appellant v. Tennessee Valley Authority, Defendant-Appellant/cross-Appellee

Court of Appeals for the Sixth Circuit

Decided August 1, 2003No. 01-6043, 01-6100PublishedCited by 11 opinions

1Opinion of the Court

OPINION

COFFMAN; District Judge.

This appeal, involving a dispute between the Tennessee Valley Authority (“TVA”) and one of its former coal suppliers, raises three questions: (1) whether the district court erred in determining that it had subject matter jurisdiction, pursuant to the Contract Disputes Act of 1978 (“CDA”), 41 U.S.C. § 601 et seq., over the plaintiffs claim for lost profits; (2) whether the district court properly concluded, under standard principles of contract law, that the plaintiff is not entitled to recover damages based on a contract price/market price differential; and (3)…

2Cases cited22 opinions

  1. Rmi Titanium Company v. Westinghouse Electric CorporationCourt of Appeals for the Sixth Circuit · 1996
  2. Reflectone, Inc. v. John H. Dalton, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1995
  3. The Sharman Company, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1993
  4. San Carlos Irrigation and Drainage District v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1997
  5. Northern Helex Co. v. United StatesUnited States Court of Claims · 1972

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3Cited by11 opinions

  1. Westlake Petrochemicals, L.L.C. v. United Polychem, Inc.Court of Appeals for the Fifth Circuit · 2012
  2. Pacific Gas and Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2016
  3. Irwin Industrial Tool Co. v. Worthington Cylinders Wisconsin, LLCDistrict Court, W.D. North Carolina · 2010
  4. United Partition Systems, Inc. v. United StatesUnited States Court of Federal Claims · 2004
  5. Mays v. Tennessee Valley AuthorityDistrict Court, E.D. Tennessee · 2010

6 more not listed; retrieve them via the Exa API.

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