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GOODPASTURE v. TENNESSEE VALLEY AUTHORITY

No. 20305.

434 F.2d 760 (1970)

A. V. GOODPASTURE, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

November 27, 1970.

Attorney(s) appearing for the Case

Philip M. Carden, Nashville, Tenn., for plaintiff-appellant.

Thomas A. Pedersen, Sol., Tennessee Valley Authority, Knoxville, Tenn., for defendant-appellee; Robert H. Marquis, Gen. Counsel, William W. Hurst, Tennessee Valley Authority, Knoxville, Tenn., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.

PHILLIPS, Chief Judge.

This appeal is from an order of the District Court dismissing the complaint of appellant, which challenges the eminent domain power of the Tennessee Valley Authority (TVA). Under threat of exercise of the power of eminent domain, TVA purchased an easement for a transmission line across one corner of a tract of land owned by appellant in Montgomery County, Tennessee. Thereafter TVA undertook to acquire by purchase two additional easements. When...

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