DUCK RIVER PRESERVATION ASS'N v. TENNESSEE VAL. AUTH.

Civ. A. No. 1130.

410 F.Supp. 756 (1974)

DUCK RIVER PRESERVATION ASSOCIATION, Plaintiff, v. TENNESSEE VALLEY AUTHORITY et al., Defendants.

United States District Court, E. D. Tennessee, Winchester Division.

January 15, 1974.


Attorney(s) appearing for the Case

Frank M. Fly, Murfreesboro, Tenn., Robert S. Brandt, Nashville, Tenn., for plaintiff.

Herbert S. Sanger, Jr., Gen. Counsel, Thomas A. Pedersen, Knoxville, Tenn., Lon P. MacFarland, Columbia, Tenn., Upper Duck River Dev. Co., for defendants.


MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The intervening defendants moved the Court to elide a portion of the second stipulation of facts of September 11, 1973 herein, to the effect that: "* * * The standing of Duck River Preservation Association is admitted." Such application hereby is GRANTED so the Court may consider a further motion of such defendants.

Such defendants by specific negative averments raise the issue as to the legal existence...

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