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ENVIRONMENTAL DEFENSE FUND v. TENNESSEE VALLEY AUTH.

No. 74-1139.

492 F.2d 466 (1974)

ENVIRONMENTAL DEFENSE FUND et al., Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1974.

Attorney(s) appearing for the Case

Jon T. Brown, Washington, D.C., for plaintiffs-appellants; Wallace L. Duncan, Fredrick D. Palmer, Washington, D.C., on brief; James Tripp, Lawrence R. Reno, of counsel.

Beauchamp E. Brogan, Knoxville, Tenn., for defendants-appellees; Robert H. Marquis, Gen. Counsel, Thomas A. Pedersen, Beverly S. Burvage, Tennessee Valley Authority, Knoxville, Tenn., on brief.

Before WEICK, McCREE and MILLER, Circuit Judges.

PER CURIAM.

This action was instituted in the court below to enjoin T.V.A. from completing construction of the Tellico Dam Project on the Little Tennessee River in Tennessee. The district court first enjoined completion of the project because of its conclusion that T.V.A. had not complied with the National Environment Policy Act (NEPA), 42 U.S.C. Sec. 4331 et seq., by filing an adequate impact statement. Environmental Defense Fund, et al. v. T.V.A.,

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