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FRENCH v. APPALACHIAN ELEC. CO-OP.

580 S.W.2d 565 (1978)

R.T. FRENCH, Coy E. Davis, Lake Stalsworth, Charlie Reece, Hobart Ramsey, Wallace Roach, T.H. Northern, L.G. French, Robert Ely, F.A. Talley, J.C. Denton, James Foster and C.A. Bales, Plaintiffs-Appellees (Cross-Appellants), v. APPALACHIAN ELECTRIC COOPERATIVE, Defendant-Appellant (Cross-Appellee), v. TENNESSEE VALLEY AUTHORITY, Defendant-Intervenor.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied April 2, 1979.

Attorney(s) appearing for the Case

B.J. Ramsey, Jr., O.D. Bridges, and John R. Conkin, Jefferson City, for plaintiffs-appellees (cross-appellants).

J.D. Hale, Clyde W. Key, Knoxville, for defendant-appellant (cross-appellee).

Herbert S. Sanger, Jr., Gen. Counsel; James E. Fox, Asst. Gen. Counsel; Edgar H. Drum, Tennessee Valley Authority, as amicus curiae.

Certiorari Denied by Supreme Court April 2, 1979.

LEWIS, Judge.

OPINION

Plaintiffs, R.T. French, et al, are thirteen-member customers of defendant, Appalachian Electric Cooperative. They filed suit on May 15, 1964, to require defendant to distribute, in cash, alleged accumulated revenues. Tennessee Valley Authority (hereafter TVA), who was allowed to intervene as a party defendant, alleged that if the relief sought by plaintiffs was granted it would...

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