PEOPLES NAT. BANK OF HUNTSVILLE, ALA. v. MEREDITH

No. 86-7006 Non-Argument Calendar.

812 F.2d 682 (1987)

PEOPLES NATIONAL BANK OF HUNTSVILLE, ALABAMA, a corporation, as trustee of the Commercial Fishermen and Fish Vendors of the Wheeler Reservoir Trust Fund, Plaintiffs/Counterclaim Defendants-Appellees, v. Dwight MEREDITH, Defendant/Counterclaim Plaintiff-Appellant, v. TVA, etc., et al., Counterclaim Defendants. James E. CLOUD, Howard Jacobs, Floyd Bivens, Dwight Meredith, Elmer Lee Roberts, George Towles, Charles E. Goad and Steven Youngblood, Plaintiffs/Counterclaim Defendants-Appellants, v. Hammond HENDERSON, et al., Plaintiffs, v. TVA, etc., et al., Defendants, Peoples National Bank of Huntsville, Alabama, its successors and assigns, Southtrust Bank, a National Association being the merging bank by name of the same business entity formerly known as Peoples National Bank of Huntsville, Alabama, as Trustee of the Commercial Fishermen and Fish Vendors of the Wheeler Reservoir Trust Fund, Defendants/Counterclaim Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 17, 1987.


Attorney(s) appearing for the Case

Clement J. Cartron, Huntsville, Ala., for defendant/counterclaim plaintiff-appellant.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Deputy Gen. Counsel, Charles W. Van Beke, Asst. Gen. Counsel, D. Mark Hastings, Tennessee Valley Authority, Knoxville, Tenn., for TVA.

Before TJOFLAT, HATCHETT and CLARK, Circuit Judges.


HATCHETT, Circuit Judge:

Background

This appeal arises out of a loan program formulated and administered by the Tennessee Valley Authority (TVA) to aid fishermen in Triana, Alabama, whose livelihoods were threatened when extensive DDT pollution was discovered in the Wheeler Reservoir of the Tennessee River.

TVA used funds provided for in the Energy and Water Development Appropriation Act of 1981, Pub.L. No. 96-367, 94 Stat. 1345 (1980), to develop...

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