State of North Carolina v. Tennessee Valley Authority

Filing 232

ORDER DISMISSING WTTH PREJUDICE in accordance with the instructions of the Fourth Circuit Court of Appeals. Signed by District Judge Martin Reidinger on 10/01/10. (emw)

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S t a t e of North Carolina v. Tennessee Valley Authority D o c . 232 IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA AS H E V IL L E DIVISION C IV IL CASE NO. 1:06cv20 S T AT E OF NORTH CAROLINA, e x rel. Roy Cooper, Attorney G e n e r a l, P l a i n t if f , vs . TE N N E S S E E VALLEY A U T H O R IT Y , D e fen d a n t. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER TH IS MATTER is before the Court on remand by the United States F o u rth Circuit Court of Appeals, wherein it reversed the Judgment of Judge L a c y H. Thornburg granting injunctive relief to the Plaintiff and remanded this c a s e with directions to dismiss the action. North Carolina, ex rel. Cooper v. T e n n e s s e e Valley Auth., -- F.3d --, 2010 WL 2891572 (4 th Cir. Jul. 26, 2010).1 In accordance with the instructions of the Fourth Circuit Court of Appeals, IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED WITH P R E J U D IC E . Upon Judge Thornburg's retirement, this matter was reassigned to the undersigned. 1 Dockets.Justia.com IT IS SO ORDERED. Signed: October 1, 2010 2

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