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MONSANTO CO. v. TENNESSEE VALLEY AUTHORITY

Civ. A. No. 78-W-5024-NE.

455 F.Supp. 343 (1978)

MONSANTO COMPANY, Plaintiff, v. TENNESSEE VALLEY AUTHORITY, Defendant.

United States District Court, N. D. Alabama.

August 7, 1978.

Attorney(s) appearing for the Case

Warren B. Lightfoot, Robert W. Bradford, Jr., Robert K. Spotswood, Birmingham, Ala., for plaintiff; Bradley, Arant, Rose & White, Birmingham, Ala., M. Mason Pattillo, III, Frank D. Zielinski, St. Louis, Mo., of counsel.

Herbert S. Sanger, Jr., Gen. Counsel, Charles A. Wagner, III, Associate Gen. Counsel, Thomas A. Pedersen, Melvin L. Harper, Knoxville, Tenn., for defendant.

WYATT, District Judge:*

This is a motion by defendant ("TVA") to dismiss the action on the ground that plaintiff ("Monsanto") has failed to state in its complaint a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6).

Counsel for the parties were heard in oral argument at Huntsville on April 27, 1978.

No affidavits were submitted for either side but, with its reply brief, TVA submitted

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