WEBSTER CTY. COAL v. TENNESSEE VALLEY AUTHORITY

Civ. A. No. 79-0015-0(G).

476 F.Supp. 529 (1979)

WEBSTER COUNTY COAL CORPORATION, a corporation, Plaintiff, v. TENNESSEE VALLEY AUTHORITY and Louisville & Nashville Railroad Company, Defendants.

United States District Court, W. D. Kentucky, Owensboro Division.

April 17, 1979.


Attorney(s) appearing for the Case

Ralph W. Wible, Holbrook, Gary, Wible & Sullivan, Owensboro, Ky., James G. Park, Thomas L. VanKirk, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for plaintiff.

Herbert S. Sanger, Jr., General Counsel, James E. Fox, Asst. General Counsel, Michael McElroy and Edwin W. Small, Tennessee Valley Authority, Knoxville, Tenn. for defendant Tennessee Valley Authority.

Fred R. Birkholz, Louisville & Nashville Railroad Company, Louisville, Ky., Clarence McCarroll, Bartlett, McCarroll & Nunley, Owensboro, Ky., for defendant for Louisville & Nashville Railroad Co.


MEMORANDUM OPINION

JAMES F. GORDON, Senior District Judge.

On February 26, 1979, the plaintiff, Webster County Coal Corporation, filed a civil suit against the defendants, Tennessee Valley Authority (hereinafter TVA) and the Louisville & Nashville Railroad Company (hereinafter L&N). In the complaint, it is alleged that the defendants entered into a "contract, agreement, combination and conspiracy" in violation of the federal antitrust laws to limit...

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