Bennett v. Madison County Board of Education

Fifth Circuit

Bennett v. Madison County Board of Education

437 F.2d 554, 14 Fed. R. Serv. 2d 1109

Court of Appeals for the Fifth Circuit·Decided December 30, 1970·No. Nos. 28920, 28923, 28924, 28925·Published·Cited by 10 cases

Opinions

PER CURIAM:

These cases, heard and submitted together, are appeals from denials by the District Court for the Northern District of Alabama of petitions by the National Education Association, Inc., to intervene in school desegregation cases. The appellant association contends that it was entitled to intervene as a matter of right under Rule 24(a) (2), Fed.R.Civ. P. There is not involved the right to in[555]*555tervene as a matter of discretion under Rule 24(b).

In Horton v. Lawrence County Board of Education, 425 F.2d 735 (5th Cir. 1970), the same petition for intervention was filed as in the instant cases,¹ and we held that NEA was not entitled to intervene as a matter of right.

Our decision in Horton controls the cases now before us.

Affirmed.

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PER CURIAM:

These cases, heard and submitted together, are appeals from denials by the District Court for the Northern District of Alabama of petitions by the National Education Association, Inc., to intervene in school desegregation cases. The appellant association contends that it was entitled to intervene as a matter of right under Rule 24(a) (2), Fed.R.Civ. P. There is not involved the right to in[555]*555tervene as a matter of discretion under Rule 24(b).

In Horton v. Lawrence County Board of Education, 425 F.2d 735 (5th Cir. 1970), the same petition for intervention was filed as in the instant cases,¹ and we held that NEA was not entitled to intervene as a matter of right.

Our decision in Horton controls the cases now before us.

Affirmed.

Bennett v. Madison County Board of Education, 437 F.2d 554, 14 Fed. R. Serv. 2d 1109 (5th Cir. 1970).

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437 F.2d 554 (Bennett v. Madison County Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Larry Bennett, United States of America, Plaintiff-Intervenor v. Madison County Board of Education v. National Education Association, Inc., Intervenor-Appellant. Sonny Wellington Hereford v. Huntsville Board of Education v. National Education Association, Inc., Intervenor-Appellant. Catherine Ann Miller, United States of America, Plaintiff-Intervenor v. Board of Education of the City of Gadsden v. National Education Association, Inc., Intervenor-Appellant. George Robert Boykins, United States of America, Plaintiff-Intervenor v. Fairfield Board of Education v. National Education Association, Inc., Intervenor-Appellant

437 F.2d 554 (Fifth Circuit, 1970)

Opinions

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