ALABAMA POWER CO. v. ALABAMA ELECTRIC COOPERATIVE, INC.

No. 23016.

394 F.2d 672 (1968)

ALABAMA POWER COMPANY, Appellant, v. ALABAMA ELECTRIC COOPERATIVE, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 2, 1968.


Attorney(s) appearing for the Case

S. Eason Balch, John Bingham, Birmingham, Ala., Frank H. Hawthorne, Montgomery, Ala., James H. Hancock, Birmingham, Ala., for appellant.

Bennett Boskey, Washington, D. C., J. M. Williams, Jr., Montgomery, Ala., L. A. Beers, Jr., Andalusia, Ala., Alan S. Rosenthal, Harvey L. Zuckman, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before RIVES, GEWIN and GODBOLD, Circuit Judges.


RIVES, Circuit Judge:

Alabama Power Company (hereafter Power Company) filed its complaint against Rural Electrification Administration (REA), Alabama Electric Cooperative, Inc. (AEC), Norman M. Clapp, the Administrator of REA, the Department of Agriculture and the Secretary of Agriculture. The complaint prayed for a preliminary and permanent injunction restraining the consummation or use of a $20,350,000.00 loan from REA to AEC for the purpose of financing the construction...

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