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SMITH v. TENNESSEE VALLEY AUTHORITY

No. 81-7267.

699 F.2d 1043 (1983)

Alton SMITH and Betty Sue Smith, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 17, 1983.

Attorney(s) appearing for the Case

Neely, Player, Hamilton & Hines, Edgar A. Neely, III, Randall H. Davis, Atlanta, Ga., for plaintiffs-appellants.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Asst. Gen. Counsel, Edwin W. Small, Staff Atty., Michael R. McElroy, Tennessee Valley Authority, Knoxville, Tenn., for defendant-appellee.

Before RONEY, TJOFLAT and FAY, Circuit Judges.

RONEY, Circuit Judge:

A flight instructor, injured when an aircraft struck an electric power transmission line, and his wife sued Tennessee Valley Authority, the owner of the line, for negligence in failing to mark the line to make it visible to pilots. After plaintiffs' evidence had been presented to the jury, the district court granted a directed verdict for defendant TVA, finding no evidence to indicate that TVA could have foreseen a danger from its failure to...

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