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Tennessee Electric Power Co. v. Tennessee Valley Authority

306 U.S. 118 (1939)

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Tennessee Electric Power Co. v. Tennessee Valley Authority

United States Supreme Court
306 U.S. 118 (1939)

Facts

Congress created a federal corporation, the Tennessee Valley Authority (TVA) (defendant), which used federally owned dams and navigable waters to generate and sell electricity in Tennessee. The Tennessee Electric Power Company and other existing electricity companies (collectively, the power companies) (plaintiffs) sued the TVA in state court. The power companies alleged that the TVA’s competition in the electricity market was harming them and that the harm was unlawful. Specifically, the power companies alleged that the TVA’s competition (1) violated the Fifth Amendment by depriving the power companies of property, i.e., profits, without due process and (2) violated the Tenth Amendment by indirectly setting electricity rates in violation of Tennessee’s state rights. The TVA removed the case to federal court. Among other arguments, the TVA claimed that the power companies lacked standing because the power companies’ claimed competitive injury was a damnum absque injuria, i.e., a loss that was not caused by a legal injury. A three-judge district-court panel held a trial and ruled against the power companies. The power companies appealed directly to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

Dissent (Butler, J.)

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