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ASHWANDER v. TENNESSEE VALLEY AUTHORITY

No. 355.

9 F.Supp. 800 (1935)

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

District Court, N. D. Alabama, Northeastern Division.

February 11, 1935.

Attorney(s) appearing for the Case

Forney Johnston, of Birmingham, Ala., for plaintiffs.

James Lawrence Fly and Wm. C. Fitts, both of Washington, D. C., for Tennessee Valley Authority.

Henry T. Hunt, of Washington, D. C., for P. W. A.

W. H. Mitchell, of Florence, Ala., for City of Florence and City of Sheffield.

John E. Delony, Jr., of Tuscumbia, Ala., for City of Tuscumbia.

GRUBB, District Judge.

1. Section 202 of the National Industrial Recovery Act (40 USCA § 402) authorizes the appropriation of government money, as a loan or grant, for the construction of a municipal electric light plant, and is constitutional under the right given Congress to raise money by taxes (article 1, § 8, cl. 1) for the general welfare; the purpose being to reduce general unemployment thereby. Missouri Utilities Co. v. City of California (D. C....

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