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HILL v. TENNESSEE VAL. AUTHORITY

No. 76-2116.

549 F.2d 1064 (1977)

Hiram G. HILL, Jr., Zygmunt J. B. Plater, Donald S. Cohen, The Audubon Council of Tennessee, Inc., and The Association of Southeastern Biologists, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1977.

Attorney(s) appearing for the Case

Zygmunt J. B. Plater, Wayne Law School, Detroit, Mich., W. P. Boone Dougherty, Bernstein, Dougherty & Susano, Knoxville, Tenn., for plaintiffs-appellants.

Herbert S. Sanger, Jr., Gen. Counsel, Div. of Law, T. V. A., Charles A. Wagner III, Thomas A. Pedersen, Nicholas A. Della-Volpe, Knoxville, Tenn., for defendants-appellees.

Before CELEBREZZE, PECK and McCREE, Circuit Judges.

CELEBREZZE, Circuit Judge.

For the third time in five years we are called upon to resolve a dispute between environmentalists and the Tennessee Valley Authority (TVA) over the legality of the Tellico Dam and Reservoir Project. The issue on appeal in this instance is the propriety of the district court's denial of Appellants' request for a permanent injunction to prevent TVA from imminently closing the Tellico Dam. Appellants allege that the resulting reservoir will...

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