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MORGAN v. TENNESSEE VALLEY AUTHORITY

No. 8427.

115 F.2d 990 (1940)

MORGAN v. TENNESSEE VALLEY AUTHORITY.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1940.

Attorney(s) appearing for the Case

E. H. Cassels, of Chicago, Ill. (Len G. Broughton, of Knoxville, Tenn., and Richard H. Merrick, of Chicago, Ill., on the brief), for appellant.

Melvin H. Siegel, of Washington, D. C., and Wm. C. Fitts, Jr., of Knoxville, Tenn. (Francis M. Shea, of Washington, D. C., and Joseph C. Swidler and Charles J. McCarthy, both of Knoxville, Tenn., on the brief), for appellees.

Before SIMONS, ALLEN and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appellant was removed by the President of the United States from his position as a member and chairman of the Board of Directors of the Tennessee Valley Authority, and denies the power of the President so to do. His suit for salary and for a declaratory judgment that his removal was unlawful, brought in a Tennessee court and transferred to the court below, was dismissed for failure to state a claim upon which relief could be granted.

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