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GREENE COUNTY v. TENNESSEE EASTERN ELECTRIC CO.

Nos. 5408, 5409.

40 F.2d 184 (1930)

GREENE COUNTY v. TENNESSEE EASTERN ELECTRIC CO. TENNESSEE EASTERN ELECTRIC CO. v. GREENE COUNTY.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1930.

Attorney(s) appearing for the Case

S. J. Milligan, of Greeneville, Tenn. (J. F. Swingle and Milligan & Haynes, all of Greeneville, Tenn., on the brief), for Greene County.

B. H. Taylor, of Johnson City, Tenn., and F. H. Parvin, of Greeneville, Tenn. (Cox & Taylor, of Johnson City, Tenn., and Susong, Susong & Parvin, of Greeneville, Tenn., on the brief), for Tennessee Eastern Electric Co.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

The Tennessee Eastern Electric Company owned a hydroelectric dam in the Nola Chuckey river in Greene county, Tenn., and a steam station in Washington county, Tenn., from which it generated and distributed electricity. To supply the increased demands for its product in this territory, it became necessary for it to expand its facilities. It could either raise its dam or enlarge its steam plant. If it raised the dam, the waters would back up and...

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