Jefferson County, Tenn. v. Tennessee Valley Authority

HAMILTON, Circuit Judge.

Appellant is a civil division of the State of Tennessee and as a part of its governmental function, constructs and maintains a system of roads and highways. The French Broad River flows through the county.

Appellee, Tennessee Valley Authority, is a corporation created by the laws of the United States vested with the power of eminent domain and authorized to maintain and construct dams in the streams of the State of Tennessee. Pursuant to the authority vested in appellee, it constructed a dam impounding the waters of the French Broad River in the territory of appellant.…