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

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 30, 1970

DocketNos. 28920, 28923, 28924, 28925

StatusPublished

Cited by10 cases

This text of 437 F.2d 554 (Bennett v. Madison County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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)

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437 F.2d 554, 14 Fed. R. Serv. 2d 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-madison-county-board-of-education-ca5-1970.

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