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SPURGEON v. TENNESSEE VALLEY AUTHORITY

Civ. No. 171.

118 F.Supp. 272 (1943)

SPURGEON v. TENNESSEE VALLEY AUTHORITY.

United States District Court, D. Tennessee, at Greeneville.

March 17, 1943.

Attorney(s) appearing for the Case

Kennerly & Key, Knoxville, Tenn., for plaintiff.

William C. Fitts, Jr., Gen. Counsel, Tennessee Valley Authority, Charles J. McCarthy, Asst. Gen. Counsel and Robert H. Marquis, Knoxville, Tenn., H. James Hitching, Asst. Gen. Counsel, Chattanooga, Tenn., for defendant.

GEORGE C. TAYLOR, District Judge.

This action was instituted in the Circuit Court for Cocke County June 18, 1942, and removed to the District Court for the Northeastern Division of the Eastern District of Tennessee by order of removal dated July 10, 1942.

On August 17th the defendant moved to dismiss, and stated a number of grounds therefor, among which are that section 25 of the TVA Act, 16 U.S.C.A. § 831x, furnishes the exclusive method of ascertaining...

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