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MONSANTO CO. v. TENNESSEE VALLEY AUTHORITY

Civ. A. No. 78-W-5024-NE.

448 F.Supp. 648 (1978)

MONSANTO COMPANY, Plaintiff, v. TENNESSEE VALLEY AUTHORITY, Defendant.

United States District Court, N. D. Alabama, Northeastern Division.

March 27, 1978.

Attorney(s) appearing for the Case

Warren B. Lightfoot, Robert W. Bradford, Jr., Robert K. Spotswood, Birmingham, Ala., for plaintiff, Bradley, Arant, Rose & White, Birmingham, Ala., M. Mason Pattillo, Frank D. Zielinski, St. Louis, Mo., of counsel.

Herbert S. Sanger, Jr., Gen. Counsel, T. V. A., Knoxville, Tenn., Charles A. Wagner, III, Assoc. Gen. Counsel, Thomas A. Pedersen, Melvin L. Harper, Knoxville, Tenn., for defendant.

WYATT, District Judge:*

This is a motion by plaintiff ("Monsanto") to remand the action to the Circuit Court for Morgan County, Alabama, from which it was removed by defendant ("TVA"). 28 U.S.C. § 1447(c).

The claim made in the complaint is on a theory of negligence by TVA in furnishing electric power to Monsanto's plant at Decatur. It is averred that there was a written contract...

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