NATURAL RESOURCES DEF. COUN., INC. v. TENNESSEE VAL. AUTH.

Civ. A. No. 8062.

367 F.Supp. 128 (1973)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., v. TENNESSEE VALLEY AUTHORITY et al.,

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

July 24, 1973.


Attorney(s) appearing for the Case

Charles D. Susano, Jr., Knoxville, Tenn., Richard M. Hall, New York City, William A. Butler, East Setaukey, N. Y., Stephen C. Cawood, Barbourville, Ky., for plaintiffs.

Robert Young, Robert H. Marquis, TVA Gen. Counsel, Thomas A. Pedersen, L. Gray Geddie, Jr., Knoxville, Tenn., Holliman, Langholz, Runnels & Dorwart, C. D. McDoulette, Jr., Tulsa, Okl., for defendants.


MEMORANDUM

ROBERT L. TAYLOR, District Judge.

On May 21 through May 23, 1973, this Court heard the trial on this action on the merits. Because of the quantity of evidence introduced, postponement of any decision was made until after counsel submitted post-trial briefs.

Three issues remain for resolution. First, there is the question of whether all or some of the plaintiffs have waived their right to maintain this action by their failure to comment...

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