United States Sixth Circuit

Dismissal of claims brought against electric cooperatives and the Tennessee Valley Authority (TVA) arising from the cooperatives' failure to distribute refunds or reduce rates is affirmed where: 1) the district court properly concluded that plaintiffs- state-law claims were derivative rather than direct, and that plaintiffs failed to plead adequately that a pre-suit demand should be excused; 2) plaintiffs failed to prove that the cooperatives acted under color of state law for purposes of their federal claims, or to demonstrate that they had a legally cognizable property interest; 3) the TVA was entitled to antitrust immunity; and 4) other claims were properly dismissed without prejudice.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

Judges

• Before MOORE, CLAY, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gerald E. Martin, Barrett, Johnston & Parsley, Nashville, Tennessee, for Appellants.  J. Richard Lodge, Jr., Bass, Berry & Sims, Nashville, Tennessee, Harriet A. Cooper, Tennessee Valley Authority, Knoxville, Tennessee, for Appellees.   ON BRIEF:  Gerald E. Martin, George E. Barrett, Edmund L. Carey, Jr., Timothy L. Miles, Barrett, Johnston & Parsley, Nashville, Tennessee, for Appellants.  J. Richard Lodge, Jr., Russell S. Baldwin, Bass, Berry & Sims, Nashville, Tennessee, Harriet A. Cooper, Frank H. Lancaster, Maria V. Gillen, Tennessee Valley Authority, Knoxville, Tennessee, for Appellees.