LITTLETON v. VITRO CORPORATION OF AMERICA

Civ. A. No. 920.

130 F.Supp. 774 (1955)

Ethel O. LITTLETON, as Administratrix of the Estate of Asa June Busby, Deceased, et al., Plaintiffs, v. The VITRO CORPORATION OF AMERICA, a corporation, the United States of America, and the Tennessee Valley Authority, a corporation, et al., Defendants.

United States District Court N. D. Alabama, Northwestern Division.

As Modified May 12, 1955.


Attorney(s) appearing for the Case

Mitchell & Poellnitz and E. L. Coleback, Florence, Ala., for plaintiffs.

Andrews & Almon, Sheffield, Ala., for Vitro Corp. of America.

Frank M. Johnson, Jr., U. S. Atty., Birmingham, Ala., for the United States.

Joseph C. Swidler, General Counsel, Knoxville, Tenn., Charles J. McCarthy, Sol., Knoxville, Tenn., Patrick B. Harris, Tuscumbia, Ala., and Sol M. Edidin, Knoxville, Tenn., for Tennessee Valley Authority.


GROOMS, District Judge.

This case was submitted upon a motion for summary judgment filed by the Tennessee Valley Authority (hereinafter referred to as TVA), supported by the affidavits of Daniel O. Walstad and Charles H. Young.

In 1951, the Department of the Army and the TVA executed an agreement regarding the construction, maintenance and operation of a chemical facility on the TVA Reservation at Wilson Dam, Alabama. This contract provided that the Corps...

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