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ASHWANDER v. TENNESSEE VALLEY AUTHORITY

No. 355.

9 F.Supp. 965 (1935)

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

District Court, N. D. Alabama, N. E. D.

February 22, 1935.

Attorney(s) appearing for the Case

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

James Lawrence Fly, of Knoxville, Tenn., for Tennessee Valley Authority.

GRUBB, District Judge.

The law in this case was settled on the motion to dismiss for want of equity. 8 F.Supp. 893. I do not mean settled for good, but settled as far as this case is concerned, in the District Court. It was settled in this way: That under the Tenth Amendment, or regardless of it, the government of the United States would have no right, within the limits of a state, to conduct any private proprietary business unless...

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