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TENNESSEE VALLEY AUTHORITY v. ASHWANDER

Nos. 7764, 7812.

78 F.2d 578 (1935)

TENNESSEE VALLEY AUTHORITY et al. v. ASHWANDER et al. ASHWANDER et al. v. TENNESSEE VALLEY AUTHORITY et al.

Circuit Court of Appeals, Fifth Circuit.

July 17, 1935.

Attorney(s) appearing for the Case

No. 7764: James Lawrence Fly, Gen. Sol., Tennessee Valley Authority, and William C. Fitts, Jr., both of Knoxville, Tenn., John Lord O'Brian, of Buffalo, N. Y., and Wm. H. Mitchell, of Florence, Ala., for appellants.

Forney Johnston and Jos. F. Johnston, both of Birmingham, Ala., for appellees.

No. 7812: Forney Johnston, of Birmingham, Ala., for cross-appellants.

James Lawrence Fly, Gen. Sol., Tennessee Valley Authority, and William C. Fitts, Jr., both of Knoxville, Tenn., John Lord O'Brian, of Buffalo, N. Y., Wm. H. Mitchell, of Florence, Ala., John E. Delony, Jr., of Tuscumbia, Ala., Perry W. Turner, C. A. Bingham, J. T. Stokely, and W. Logan Martin, all of Birmingham, Ala., and Courtland Palmer, of New York City, for cross-appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

By contract dated January 4, 1934, the Alabama Power Company, a corporation engaged in the manufacture, transmission, and distribution of electricity, agreed to sell such of its transmission lines as extend from Wilson Dam at the Muscle Shoals plant in Alabama into seven Alabama counties, to the Tennessee Valley Authority (TVA), a corporate agency of the United States, created by the Act of Congress of May 18, 1933, 48 Stat. 58, 16 USCA §...

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