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HOLBROOK v. TENNESSEE VALLEY AUTHORITY

No. 21-1415.

48 F.4th 282 (2022)

David HOLBROOK, Plaintiff-Appellant, v. TENNESSEE VALLEY AUTHORITY; BVU Authority, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 7, 2022.

Attorney(s) appearing for the Case

ARGUED: Martin Bienstock , BIENSTOCK PLLC, Washington, D.C., for Appellant. Maria Victoria Gillen , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee; Cameron Scott Bell , PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Appellees. ON BRIEF: Mark T. Hurt , Abingdon, Virginia, for Appellant. Karissa H. Range , PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Appellee BVU Authority. David D. Ayliffe , Director of Litigation, TVA GENERAL COUNSEL'S OFFICE, Knoxville, Tennessee, for Appellee Tennessee Valley Authority.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Rushing and Judge Heytens joined.

The Tennessee Valley Authority sells its power to the BVU Authority in Virginia, one of its many customers. The BVU Authority in turn sells its power to local consumers who need electricity. Among those local consumers is David Holbrook, and Holbrook thinks he has been paying too much for power. He believes that the TVA...

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