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VANCE v. TENNESSEE VALLEY AUTHORITY

No. 83-2105.

738 F.2d 1418 (1984)

Helen VANCE, Henry Posey, Glenn Rogers, Luther Myers, Zena Farley Oliver, Iva M. Turner, Millie Vickery, James C. Mitchell, Helen Birchfield, Eva Arrington Hall, Willa Mae Trull, Ruth Hicks, Zula Christie, Joe Cable, Edna Henry, Ruby Marlowe, Della Birchfield, Mary Cabb Yarborough, Sam Cable, Barbara Pilkington, Carl Tipton, David Welch, Roy Welch, Pauline Ball, Theodore Herron, Nancy Pilkington, Appellants, v. TENNESSEE VALLEY AUTHORITY, Department of Interior, (United States of America), James Watt, Secretary of the Interior, Swain County, and State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1984.

Rehearing and Rehearing Denied September 17, 1984.

Attorney(s) appearing for the Case

Russell L. McLean, III, Waynesville, N.C. (McLean & Dickson, P.A., Waynesville, N.C., on brief), for appellants.

James E. Fox, Associate Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., Blake A. Watson, Land and Natural Resources Division, Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Dirk D. Snel, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., Herbert S. Sanger, Jr., Gen. Counsel, Tennessee Valley Authority; Justin M. Schwamm, Sr., Asst. Gen. Counsel, Thomas C. Doolan, Tennessee Valley Authority, Knoxville, Tenn., Joseph A. Pachnowski, Pachnowski & Collins, P.A., Bryson City, N.C., Charles M. Hensey, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., on brief), for appellees.

Before WINTER, Chief Judge and HALL and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 17, 1984.

K.K. HALL, Circuit Judge:

Plaintiffs appeal from the district court's order dismissing their suit against the Tennessee Valley Authority ("TVA") and various federal and state defendants for specific performance of alleged contractual rights and other injunctive relief.1 We affirm, although on a different ground from the one cited by the district court.

I.

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