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BREWER v. SHECO CONSTRUCTION COMPANY

No. 1492.

327 F.Supp. 1017 (1971)

L. E. BREWER and Wife, Fannie Bess Brewer, et al., Plaintiffs, v. SHECO CONSTRUCTION COMPANY, Tennessee Valley Authority, E. R. Carpenter Company, Defendants.

United States District Court, W. D. Kentucky, Bowling Green Division.

June 21, 1971.

Attorney(s) appearing for the Case

G. S. Milam and James C. Milam, Russellville, Ky., for plaintiffs.

P. V. Jackson III, Nashville, Tenn., for Sheco Const. Co.

Robert H. Marquis, Gen. Counsel, Thomas Pedersen, Sol., David G. Powell and Charles D. Weaver, Jr., Knoxville, Tenn., for TVA.

Jesse L. Riley, Jr., Russellville, Ky., for E. R. Carpenter Co.

MEMORANDUM

SWINFORD, District Judge.

This case, having been properly removed to this court from the Logan Circuit Court of Kentucky by the defendants, is before the court for consideration of a motion by the Tennessee Valley Authority (hereinafter the T.V.A.) to dismiss the complaint for failure to state a claim upon which relief may be granted.

The plaintiffs are suing the defendants for injuries to their properties allegedly sustained because of...

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