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SOUTHERN RAILWAY CO. v. TENNESSEE VALLEY AUTHORITY

No. 18611.

294 F.2d 491 (1961)

SOUTHERN RAILWAY COMPANY, Appellant, v. TENNESSEE VALLEY AUTHORITY, Appellee.

United States Court of Appeals Fifth Circuit.

September 7, 1961.

Attorney(s) appearing for the Case

George F. Maynard, Jos. F. Johnston, Birmingham, Ala., C. A. Poellnitz, Florence, Ala., for appellant.

Charles J. McCarthy, Gen. Counsel, Thomas A. Pedersen, Asst. Gen. Counsel, M. G. Forster, Atty., TVA, Knoxville, Tenn., for appellee.

Before RIVES, CAMERON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

In this action the Tennessee Valley Authority seeks a declaration of its rights under the Tennessee Valley Authority Bridge Act1 with regard to certain proposed alterations of the Southern Railway Company's bridge across the Tennesse River at Florence, Alabama, as part of a TVA navigation improvement project. We hold that the TVA Bridge Act is applicable and affirm the judgment below.

TVA and Southern failed...

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