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SAVE OUR CUMBERLAND MTNS., INC. v. TENNESSEE VAL. AUTH.

Civ. A. No. 8035.

374 F.Supp. 846 (1972)

SAVE OUR CUMBERLAND MOUNTAINS, INC., and J. W. Bradley, in his individual capacity as a taxpayer of the State of Tennessee and as President of Save Our Cumberland Mountains, Inc. v. TENNESSEE VALLEY AUTHORITY et al.

United States District Court, E. D. Tennessee, N. D.

October 25, 1972.

Attorney(s) appearing for the Case

Dean Hill Rivkin, Lexington, Ky., W. P. Boone Dougherty, Bernstein, Dougherty & Susano, Knoxville, Tenn., for plaintiffs.

Robert H. Marquis, Justin M. Schwamm, Beauchamp E. Brogan, Herbert S. Sanger, Jr., T. V. A., Knoxville, Tenn., for defendants.

ORDER

ROBERT L. TAYLOR, District Judge.

Plaintiffs seek declaratory and injunctive relief prohibiting the Tennessee Valley Authority (T.V.A.) from accepting delivery of coal from private contractors when tendered in trucks that are overloaded in violation of the Tennessee weight limitation statute, T.C.A. §§ 59-1108, 59-1112. T.V.A. denies that it has police or regulatory power over private parties to enforce state statutes. It contends that it...

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