Brewer v. Sheco Construction Company

MEMORANDUM

SWINFORD, District Judge.

This case, having been properly removed to this court from the Logan Circuit Court of Kentucky by the defendants, is before the court for consideration of a motion by the Tennessee Valley Authority (hereinafter the T.V.A.) to dismiss the complaint for failure to state a claim upon which relief may be granted.

The plaintiffs are suing the defendants for injuries to their properties allegedly sustained because of concussions from blasting and excavating activities undertaken by the defendants. The plaintiffs assert that under Adams & Sullivan v. Sengal, 177 Ky.…