TENN. EX REL CITY OF COOKEVILLE v. UPPER CUMBERLAND ELECTRIC MEMBERSHIP CORP.

No. 2:02-0093.

256 F.Supp.2d 754 (2003)

State of TENNESSEE ex rel. CITY OF COOKVILLE, TENNESSEE, Plaintiff, v. UPPER CUMBERLAND ELECTRIC MEMBERSHIP CORPORATION, Hilda G. Legg, Administrator, Rural Utilities Service, an agency of the U.S. Department of Agriculture, Sheldon C. Petersen, Governor & CEO, National Bank of Cooperatives, National Rural Utilities Cooperative Finance Corporation, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

March 26, 2003.


Attorney(s) appearing for the Case

John H. Sinclair, Jr., Office of the Attorney General and Reporter, Frank Stovall King, Jr., King & Ballow, Nashville, Thomas Michael O'Mara, Cookeville, for Tennessee State of, on the relation of, City of Cookeville, Tennessee, pltfs.

J. Richard Lodge, W. Brantley Phillips, Jr., Russell S. Baldwin, Bass, Berry & Sims, Nashville, Jacky Orange Bellar, Bellar & Bellar, Carthage, Michael L. Roden, Office of the United States Attorney, Nashville, Frances M. Toole, Department of Justice, Georgann Gutteridge, U.S. Department of Agriculture General Counsel/Rural Utilities Division, Washington, DC, Paul C. Ney, Jr., Trauger, Ney & Tuke, Nashville, for Upper Cumberland Electric Membership Corporation, Hilda G. Legg, Rural Utilities Services, an agency of the, Agriculture, Department of, Sheldon C. Peterson, Governor & CEO of National Bank for Cooperatives, National Bank for Cooperatives, National Rural Utilities Cooperative Finance Corporation, defts.


MEMORANDUM

WISEMAN, Senior District Judge.

On July 31, 2001, the City of Cookeville Department of Electricity ("Cookeville" or "Plaintiff) filed a Complaint in the Circuit Court for Putnam County, Tennessee, seeking to condemn Upper Cumberland Electric Membership Corporation's ("UCEMC") facilities and service rights within five areas recently annexed by Cookeville. In order to comply with Tenn. Code Ann. § 29-16-106, which requires that all parties...

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