City of Rockwood, Tenn. v. Imco Recycling, Inc.

MEMORANDUM OPINION

PHILLIPS, District Judge.

This case came before the undersigned on September 2, 2005, for trial without a jury.

NATURE OF CASE

This is an action by the plaintiff, City of Rockwood, Tennessee (Rockwood), for unjust enrichment. In a counteraction, the defendant, IMCO Recycling, Inc. (IMCO), contends that it is entitled to compensation for 3,518 dekatherms (Dth) of natural gas which it had delivered to Rockwood’s utility division, Rockwood Water & Gas (RW & G), for which payment has not been made.

Rockwood is a municipality located in Roane County, Tennessee. RW & G serves Rockwood…