DIXIE ELECTRIC COOPERATIVE, et al., Plaintiffs-Appellants,
Alabama Power Company, Defendant-Counterclaim Plaintiff, Appellant,
v.
The CITIZENS OF the STATE OF ALABAMA, et al., Defendants-Counterclaim Plaintiffs, Appellees.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
May 1, 1986.
Rehearing and Rehearing Denied June 9, 1986.
Attorney(s) appearing for the Case
Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, J. Theodore Jackson, Montgomery, Ala., for Dixie Elec.
T.W. Thagard, Montgomery, Ala., for Alabama Power Co., in No. 84-7765.
Craig S. Dillard, Talladega, Ala., for Coosa Valley Elec. Co-op.
Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Assoc. Gen. Counsel, Justin M. Schwamm, Sr., Asst. Gen. Counsel, Robert C. Glinski, T.V.A. Knoxville, Tenn., for T.V.A. in No. 84-7765.
Algert S. Agricola, Asst. Atty. Gen., Montgomery, Ala., for Citizens.
Robert D. Segall, Copeland, Franco, Screws & Gill, Montgomery, Ala., for Cities.
George C. Douglas, Jr., Andalusia, Ala., for AL Elec. Co-op., Inc.
Roger L. Bates, Barnett, Tingle, Noble & Sexton, Birmingham, Ala., for City of Tarrant City.
Robert D. Thorington, W. Stanley Gregory & Wendell Cauley, Montgomery, Ala., for other original defendants counterclaimed against T.V.A. in No. 84-7765.
W. Sidney Fuller, Andalusia, Ala., for Andalusia, Ala.
Jerry Batts, Sherrill & Batts, Athens, Ala., for Athens, Ala.
Arnold Teks, City of Florence, Florence, Ala., for Florence, Ala.
Fred D. Gray, Gray, Langford, Sapp, Davis & McGowan, Tuskegee, Ala., for Utilities Bd. of the City of Tuskegee.
Drayton N. Hamilton, Montgomery, Ala., for League of Municipalities.
Balch & Bingham, Charles M. Crook, Birmingham, Ala., for Alabama Power Co., in No. 85-7368.
Robert D. Thorington, Robert D. Segall, Wendell Cauley, Montgomery, Ala., for Municipal Utilities Bd. of Albertville, et al. and Cities in No. 85-7368.
Herbert S. Sanger, Jr., Gen. Counsel, T.V.A., Justin M. Schwamm, Sr., Asst. Gen. Co., Knoxville, Tenn., for T.V.A. in No. 85-7368.
Before TJOFLAT and KRAVITCH, Circuit Judges, and DUMBAULD, Senior District Judge.
United States Court of Appeals, Eleventh Circuit.
Rehearing and Rehearing En Banc Denied June 9, 1986.
TJOFLAT, Circuit Judge:
These consolidated appeals are from orders of the district court declaring invalid and enjoining the enforcement of a 1984 and a 1985 act of the Alabama legislature, both of which regulated service territories of electric suppliers. We have concluded that the case was improperly removed to the district court. Because the district court would not have had jurisdiction over the case...
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