Diversified Energy, Inc., Plaintiff-Appellee/cross-Appellant v. Tennessee Valley Authority, Defendant-Appellant/cross-Appellee
Court of Appeals for the Sixth Circuit
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)…
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