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ASHWANDER v. TENNESSEE VALLEY AUTHORITY

No. 355.

8 F.Supp. 893 (1934)

ASHWANDER et al. v. TENNESSEE VALLEY AUTHORITY et al.

District Court, N. D. Alabama, N. D.

November 28, 1934.

Attorney(s) appearing for the Case

Forney Johnston (of Cabaniss & Johnston), of Birmingham, Ala., for plaintiffs.

James Lawrence Fly, Gen. Counsel, Tennessee Valley Authority, and William C. Fitts, Atty. for Tennessee Valley Authority, both of Knoxville, Tenn., for defendants.

GRUBB, District Judge.

1. The motion to dismiss criticizes the bill for prolixity, invoking Equity Rule No. 25 (28 USCA § 723); also, for multifariousness and misjoinder under Equity Rule 26 (28 USCA § 723). The motion to dismiss is not well taken on these grounds.

2. The right of the plaintiffs as preferred stockholders of the Alabama Power Company, for themselves and other preferred stockholders, to maintain the bill of complaint in the name of...

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