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ROGERS v. TENNESSEE VALLEY AUTHORITY

No. 81-5638.

692 F.2d 35 (1982)

James L. ROGERS, III, et al., Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1982.

Rehearing Denied January 25, 1983.

Attorney(s) appearing for the Case

J. Granville Clark, Russelville, Ky., for plaintiffs-appellants.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel, Robert C. Glinski, Melvin L. Harper, Tennessee Valley Authority, Knoxville, Tenn., for defendant-appellee.

Before MERRITT, Circuit Judge, and PHILLIPS and CELEBREZZE, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge.

This is an action to enjoin the Tennessee Valley Authority from exercising its eminent domain powers to condemn land presently owned by the plaintiffs. The defendant Tennessee Valley Authority (TVA) filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted and in the alternative moved for summary judgment under Rule 56. District Judge Thomas A. Ballantine, Jr., granted the...

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