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FOWLER v. TENNESSEE VALLEY AUTHORITY

Nos. 15101, 15102.

321 F.2d 566 (1963)

Sue FOWLER, a minor, widow of Bonnie Eugene Fowler, deceased, by next friend, Ruby Lewis, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee. Ruby LEWIS, widow of Austin C. Lewis, deceased, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 12, 1963.

Attorney(s) appearing for the Case

H. H. Gearinger, Chattanooga, Tenn., for plaintiffs-appellants, Moore, Gearinger & Swafford, Chattanooga, Tenn., on the brief, Camp & Camp, Sparta, Tenn., of counsel.

Thomas A. Pedersen, Asst. Gen. Counsel, Knoxville, Tenn., for defendant-appellee, Charles J. McCarthy, Gen. Counsel, Tennessee Valley Authority, Beauchamp E. Brogan, Knoxville, Tenn., on the brief.

Before MILLER and O'SULLIVAN, Circuit Judges, and PRETTYMAN, Senior Circuit Judge.

PRETTYMAN, Senior Circuit Judge.

These law suits arose from a horrible and deplorable occurrence. Two young men, married to sisters, undertook to erect for their father-in-law an outdoor television antenna. The families gathered at the home, and the young men set to work. They put the base of the aluminum pole in the ground. The pole tipped over and fell onto electric power lines in front of the house. The family, gathered in the living room, heard a loud "boom" and...

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