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NORTH CAROLINA v. TENNESSEE VALLEY AUTHORITY

Civil No. 1:06CV20.

593 F.Supp.2d 812 (2009)

State of NORTH CAROLINA, ex rel. Roy COOPER, Attorney General, Plaintiff, v. TENNESSEE VALLEY AUTHORITY, Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

January 13, 2009.

Attorney(s) appearing for the Case

Michael David Goodstein, Anne Elizabeth Lynch, Stacey Heather Myers, Resolution Law Group, Richard E. Ayres, Ayres Law Group, Washington, DC, James C. Gulick, Marc Bernstein, N.C. Department of Justice, Raleigh, NC, Robert L. Gonser, Resolution Law Group, P.C., Lafayette, CA, Sueanna Peeler Sumpter, N.C. Dept. of Justice, Asheville, NC, for Plaintiff.

Frank Hilton Lancaster, Albert Jackson Woodall, Thomas Fleming Fine, TVA Office of General Counsel, Harriet Andrea Cooper, Tennessee Valley Authority, Maria Victoria Gillen, William Thaddeus Terrell, Knoxville, TN, Michael Kent Stagg, Paul G. Summers, Robert J. Martineau, Jr., William Kenneth Koska, Waller, Lansden, Dortch & Davis LLP, Nashville, TN, for Defendant.

MEMORANDUM OF OPINION

LACY H. THORNBURG, District Judge.

THIS MATTER came on for trial before the Court without a jury. The Court now enters its findings of fact, conclusions of law, and final judgment in this matter.

I. INTRODUCTION

Plaintiff North Carolina, on behalf of its citizens, filed the instant action in public nuisance against Defendant Tennessee Valley...

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