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PAINTER v. TENNESSEE VALLEY AUTHORITY

Nos. 72-3690, 72-3691 Summary Calendar.

476 F.2d 943 (1973)

Randall F. PAINTER, suing as the Administrator of the Estate of Elvon A. Painter, Deceased, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY et al., Defendants-Appellees. Fred CAMPBELL, suing as Admr. of the Estate of Beverly Campbell, Deceased, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 28, 1973.

Attorney(s) appearing for the Case

Alva C. Caine, Birmingham, Ala., for plaintiffs-appellants.

Robert H. Marquis, Gen. Counsel, Beauchamp E. Brogan, Asst. Gen. Counsel, Beverly S. Burbage, and Charles A. Wagner, III, Tenn. Valley Authority, Knoxville, Tenn., for defendants-appellees.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

These two actions brought under the Alabama wrongful death act1 against the Tennessee Valley Authority [TVA] were dismissed for failure to state a claim upon which relief could be granted. We affirm.

The TVA is a federally owned corporation and it is conceded to be an agency or instrumentality of the United States. Though it may sue or be sued in contract or tort,

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