HARDIN v. KENTUCKY UTILITIES CO.

No. 40.

390 U.S. 1 (1968)

HARDIN, MAYOR OF TAZEWELL, ET AL. v. KENTUCKY UTILITIES CO.

Supreme Court of United States.

Decided January 16, 1968.


Attorney(s) appearing for the Case

William R. Stanifer argued the cause for petitioners in Nos. 40 and 50. With him on the brief for petitioners in No. 40 was Philip P. Ardery. Clyde Y. Cridlin was on the brief for petitioner in No. 50. Robert H. Marquis argued the cause for petitioner in No. 51. With him on the brief were Acting Solicitor General Spritzer, Richard A. Posner, Charles J. McCarthy and Thomas A. Pedersen.

Malcolm Y. Marshall argued the cause for respondent in all three cases. With him on the brief were Squire R. Ogden and James S. Welch.


MR. JUSTICE BLACK delivered the opinion of the Court.

The question for decision in these case is whether Congress has prohibited the Tennessee Valley Authority from competing in the sale of electricity with respondent, the Kentucky Utilities Company, in two small villages in Claiborne County, Tennessee, and in a narrow corridor between the two villages and the Tennessee-Kentucky state boundary 16 miles away. By § 15d of the Tennessee Valley Authority Act of 1933...

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