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N. GA. ELEC. MEMBERSHIP CORP. v. CITY OF CALHOUN

No. 92-8114.

989 F.2d 429 (1993)

NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellant, v. CITY OF CALHOUN, GEORGIA, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 22, 1993.

Attorney(s) appearing for the Case

Herbert S. Sanger, Jr., Knoxville, TN, James C. Brim, Jr., Camilla, GA, Charles W. Ban Beke, Wagner, Myers & Sanger, Knoxville, TN, L. Hugh Kemp, Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, GA, for plaintiff-appellant.

L. Clifford Adams, Jr., Hurt, Richardson, Garner, Todd & Cadenhead, Robert J. Middleton, Paul M. Talmadge, Jr., Atlanta, Ga., for defendant-appellee.

Before KRAVITCH, Circuit Judge, GODBOLD and OAKES, Senior Circuit Judges.

OAKES, Senior Circuit Judge:

The North Georgia Electric Membership Corporation ("North Georgia"), a nonprofit rural collective which distributes electricity produced by the Tennessee Valley Authority ("TVA") to a large portion of northern Georgia, has refused to pay a franchise fee (the "Tax") imposed in 1987 by the City of Calhoun, Georgia (the "City" or "Calhoun"). The City has attempted to levy its 4% Tax on North Georgia...

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