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CITY OF COOKEVILLE v. UPPER CUMBERLAND ELEC.

Nos. 05-5886, 06-5363.

484 F.3d 380 (2007)

CITY OF COOKEVILLE, TENNESSEE, Plaintiff-Appellant, v. UPPER CUMBERLAND ELECTRIC MEMBERSHIP CORPORATION; Hilda G. Legg; Rural Utilities Services, an Agency of the Department of Agriculture; Department of Agriculture; Sheldon Peterson, Governor; National Bank for Cooperatives; National Rural Utilities Cooperative, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 19, 2007.

Attorney(s) appearing for the Case

ARGUED: Andree Sophia Blumstein, Sherrard & Roe, Nashville, Tennessee, for Appellant. W. Brantley Phillips, Jr., Bass, Berry & Sims, Nashville, Tennessee, Frances M. Toole, United States Department of Justice, Washington, D.C., for Appellees.

ON BRIEF: Andree Sophia Blumstein, Sherrard & Roe, Nashville, Tennessee, T. Michael O'Mara, Cookeville, Tennessee, for Appellant. W. Brantley Phillips, Jr., John R. Lodge, Jr., Russell S. Baldwin, Bass, Berry & Sims, Nashville, Tennessee, Frances M. Toole, United States Department of Justice, Washington, D.C., for Appellees.

Before ROGERS and GRIFFIN, Circuit Judges; RUSSELL, District Judge.

OPINION

ROGERS, Circuit Judge.

In this case, we affirm the federal district court's resolution of a dispute over one element of the compensation that Tennessee law requires when a city annexes territory and exercises its right to purchase electric utility property within the annexed territory. The federal court had jurisdiction because a federal agency, the Rural Utilities Service ("RUS"), was a party defendant. We reverse, however, a post-judgment order...

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