United States v. Arkansas Power & Light Co.

SANBORN, Circuit Judge.

This is an appeal from a judgment of dismissal, upon the merits, of the Government’s complaint in an action to recover damages from the defendant (ap-pellee) for breach of contract.

The case was here before. 165 F.2d 354. The first appeal was taken by the Government from an order dismissing its complaint upon the ground that the action had been prematurely brought, since the Arkansas Public Service Commission had not approved the contract in suit. We reversed and remanded the case for further proceedings.

The original complaint, filed April 4, 1946, alleged the…