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FERGUSON v. ELECTRIC POWER BOARD OF CHATTANOOGA, TENN.

No. CIV-1-74-6.

378 F.Supp. 787 (1974)

Jerry D. FERGUSON v. ELECTRIC POWER BOARD OF CHATTANOOGA, TENNESSEE, and Tennessee Valley Authority.

United States District Court, E. D. Tennessee, S. D.

July 16, 1974.

Attorney(s) appearing for the Case

Horace L. Smith, Jr., Joe M. Parker and Atchley, Atchley & Cox, Chattanooga, Tenn., for plaintiff.

Will Allen Wilkerson, Chattanooga, Tenn., for Electric Power Board.

Robert H. Marquis, Gen. Counsel, TVA, Beauchamp E. Brogan, Associate Gen. Counsel, Justin M. Schwamm, Asst. Gen. Counsel and James E. Fox, TVA, Knoxville, Tenn., for Tennessee Valley Authority.

MEMORANDUM OPINION

FRANK W. WILSON, Chief Judge.

This is a lawsuit brought by an electrical customer, acting upon his own behalf and on behalf of all other electrical customers similarly situated, seeking to have a portion of the charges for electricity declared to be in violation of the Tennessee usury laws (Tenn.Const. Art. XI, Sect. 7; TCA § 47-14-104) and in violation of the federal Truth In Lending Act (15 U.S.C. § 1601). The lawsuit was initially...

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