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UNICORE, INC. v. TENNESSEE VALLEY AUTHORITY

No. 84-5484.

768 F.2d 109 (1985)

UNICORE, INC., et al., Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1985.

Attorney(s) appearing for the Case

W. Ferber Tracy, Spears, Moore, Rebman & Williams, Chattanooga, Tenn.; John Talley, Jr., Stephen Rowe, argued, and Fred McCallum, Jr., Birmingham, Ala., for plaintiffs-appellants.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Associate Gen. Counsel, Robert C. Glinski, argued, and Nicholas A. Della Volpe, Ralph E. Rodgers, Tennessee Valley Authority, Knoxville, Tenn., for defendant-appellee.

Before KENNEDY and CONTIE, Circuit Judges, and EDWARDS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

The origin of this law suit is the exposure of a TVA welder to manganese fumes generated in his welding work at TVA's Bellefonte Plant at Hollywood, Alabama.

Plaintiff, Unicore, was and is a manufacturer of, among other things, manganese welding wire. This wire when used for welding gives off manganese fumes. A welder named Whisenhunt, employed by TVA at its Bellefonte Nuclear Power Plant, after a period of...

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