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NORTH GEORGIA ELEC. v. CITY OF CALHOUN, GA.

Civ. A. No. 4:-91-cv-57-HLM.

820 F.Supp. 1403 (1992)

NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION, Plaintiff, v. CITY OF CALHOUN, GEORGIA, Defendant.

United States District Court, N.D. Georgia, Rome Division.

January 2, 1992.

Attorney(s) appearing for the Case

James C. Brim, Jr., Office of James C. Brim, Jr., Camilla, GA, Lemuel Hugh Kemp, Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, GA, Herbert S. Sanger, pro hac vice, Charles W. Van Beke, pro hac vice, Wagner, Myers & Sanger, Knoxville, TN, for plaintiff.

Thomas J. Campbell, Office of Thomas J. Campbell, Calhoun, GA, L. Clifford Adams, Jr., Robert J. Middleton, Jr., Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, GA, for defendant.

ORDER

HAROLD L. MURPHY, District Judge.

This declaratory judgment action is before the Court on Defendant's Motion to Dismiss.

North Georgia Electric Membership Corporation, ("Plaintiff"), has brought the instant action seeking a declaration that the City of Calhoun's, ("Defendant"), imposition of a franchise tax is prohibited by the Tennessee Valley Authority Act and the Supremacy Clause of the United States Constitution.

The action is,...

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