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CITY OF COOKEVILLE, TN v. UPPER CUMBERLAND ELEC.

No. 2:02-0093.

360 F.Supp.2d 873 (2005)

CITY OF COOKEVILLE, TENNESSEE Plaintiff, v. UPPER CUMBERLAND ELECTRIC MEMBERSHIP CORPORATION, et al., Defendants.

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

March 17, 2005.

Attorney(s) appearing for the Case

John H. Sinclair, Jr., Tennessee Attorney General's Office, Frank Stovall King, Jr., King & Ballow, Nashville, TN, Thomas Michael O'Mara, O'Mara & Johnson, PLLC, Cookeville, TN, for Plaintiffs.

J. Richard Lodge, W. Brantley Phillips, Jr., Russell S. Baldwin, Bass, Berry & Sims, Nashville, Jacky Orange Bellar, Bellar & Bellar, Carthage, TN, Robert C. Watson, Office of the United States Attorney, Nashville, TN, Frances M. Toole, Department of Justice, Ben Franklin Station, Georgann Gutteridge, U.S. Department of Agriculture, General Counsel/Rural Utilities Division, Washington, DC, Paul C. Ney, Jr., Trauger, Ney & Tuke, Nashville, TN, for Defendants.

MEMORANDUM

WISEMAN, Senior District Judge.

BACKGROUND

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...

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