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ATCHLEY v. TENNESSEE VALLEY AUTHORITY

No. 534—Consol. Action.

69 F.Supp. 952 (1947)

ATCHLEY et al. v. TENNESSEE VALLEY AUTHORITY.

District Court, N. D. Alabama, Middle Division.

February 6, 1947.

Attorney(s) appearing for the Case

Marion F. Lusk, of Guntersville, Ala., for plaintiffs.

Joseph C. Swidler, Gen. Counsel, TVA, Charles J. McCarthy, Asst. Gen. Counsel, TVA, Frederick G. Koenig, Jr., and Robert H. Marquis, all of Knoxville, Tenn., for defendant.

LYNNE, District Judge.

The complaint in this action seeks recovery for alleged destruction of crops as the result of a flood on the Tennessee River which occurred in January, 1946. The complaint contains two counts. The first count alleges that

"* * * while defendant was exercising the powers committed to it by the Congress of operating as a unified system dams, reservoirs, and other structures, works and ways for the promotion of navigation and the control...

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