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NATURAL RESOURCES DEFENSE COUN. v. TENNESSEE VAL. AUTH.

No. 614, Docket 72-1119.

459 F.2d 255 (1972)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs-Appellees, National Audubon Society, Inc., Intervenor-Appellee, v. TENNESSEE VALLEY AUTHORITY and Aubrey J. Wagner, Chairman, Tennessee Valley Authority, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 27, 1972.

Attorney(s) appearing for the Case

Richard M. Hall, New York City (John H. Adams, New York City, of counsel), for appellees National Resources Defense Council, Inc., and Sierra Club.

William A. Butler, Washington, D.C., for appellee Environmental Defense Fund, Inc.

Gifford, Woody, Carter & Hays, New York City, for appellee National Audubon Society, Inc.

Thomas A. Pedersen, Knoxville, Tenn. (Robert H. Marquis, Gen. Counsel, Tennessee Valley Authority, Justin M. Schwamm, Knoxville, Tenn., Harry C. Batchelder, Jr., and Mudge Rose Guthrie & Alexander, New York City, of counsel), for appellants.

Before FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.

FRIENDLY, Chief Judge:

Plaintiffs in this action in the District Court for the Southern District of New York are three non-profit organizations concerned with the environment. Plaintiffs Natural Resources Defense Council, Inc. and Environmental Defense Fund, Inc. are New York membership corporations, the former having its principal place of business in the Southern and the latter in the Eastern District of New York. Plaintiff Sierra Club is a California membership...

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