Tennessee Valley Authority v. U. S. Carbon Products, Inc.

JUERGENS, * Senior District Judge.

MEMORANDUM AND ORDER

Plaintiff brings this action to recover an amount, plus interest and costs, awarded to it in an administrative decision.

Defendant U. S. Carbon Products, Inc., by its agent, Royal Fuel Corporation, entered into a contract with Tennessee Valley Authority for the purchase and sale of 4,000 tons of coal — deliveries to begin on, November 12, 1973, and to continue at the rate of 1.000 tons per week for four consecutive weeks through December 8, 1973. Contract No. 74P-63-S26 was entered into on November 9, 1973.

Defendant failed to deliver the…