SMITH, ADMINISTRATRIX
v.
EMORY UNIVERSITY ET AL.

U.S. | 1976-10-04
No. 76-5166
Mr. Justice Blackmun took no part in the consideration or decision of this petition.
429 U.S. 869 Supreme Court of the United States (1976) Caution
Cited by 12 cases

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  • …eal, that they are entitled to intervene as of right pursuant to Rule 24(a)(2). Essentially, Rule 24(a)(2) provides a three-prong test for determining an individual’s right to intervene. Blanchard v. Johnson, 532 F. 2d 1074 (6th Cir.), cert. denied, 429 U.S. 869, 97 S.Ct. 180, 50 L.Ed.2d 149 (1976). That is: On timely application an absentee shall be permitted to intervene if (1) he claims an interest relating to the property or transaction that is the subject of the action, and (2) he is so situated that…
  • Lodge 1380 v. Dennis, 625 F.2d 819 (9th Cir. 1980)
    …neral scheme of section 101(a) more broadly, holding that it protects the right to “full and active participation” in union affairs. Blanchard v. Johnson, 388 F.Supp. 208, 213 (N.D. Ohio 1974), rev’d in part, 532 F. 2d 1074 (6th Cir.), cert. denied, 429 U.S. 869, 97 S.Ct. 180, 50 L.Ed.2d 149 (1976); see also Sheldon v. O’Callaghan, supra, 497 F. 2d at 1281. We have not yet determined the breadth of section 101(a)(2). The sparse legislative history of LMRDA § 101(a)(2) clearly indicates that Congress intend…
  • The Triax Co. v. TRW, Inc., 724 F.2d 1224 (6th Cir. 1984)
    …hat interest; and (c) that parties already in the litigation cannot adequately protect that interest. Fed.R.Civ.P. 24(a)(2). Goldberg v. Fisher Foods, 717 F. 2d 290, 292, (6th Cir.1983); Blanchard v. Johnson, 532 F. 2d 1074 (6th Cir.), cert. denied, 429 U.S. 869, 97 S.Ct. 180, 50 L.Ed.2d 149 (1976). See 7A C. Wright and A. Miller, Federal Practice and Procedure § 1908 (1972). In addition, a motion to intervene must be timely filed. United Airlines v. McDonald, 432 U.S. 385, 97 S.Ct. 2464, 53 L.Ed.2d 423 (1…

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