United States v. Arkansas Power & Light Co.

COLLET, Circuit Judge.

The trial court dismissed the complaint of the United States against the Arkansas Power and Light Company without a hearing on the merits on the ground that the action was prematurely brought. From the Order and Judgment of dismissal, the United States appeals. The parties will be referred to as the plaintiff and the defendant.

The Amended Complaint alleges that the plaintiff and defendant entered into a contract February 20, 1945, by the terms of which plaintiff was to sell and defendant was to purchase electric energy produced at plaintiff’s Norfolk hydroelectric plant…