United States v. Stringfellow
Citation: 14 ELR 20799
No. No. 84-5682, 734 F.2d 436/20 ERC 2233/(9th Cir., 06/04/1984) Immediate appeal denied
The court holds that a decision to deny intervention as of right is not immediately reviewable where conditional permissive intervention was granted, absent obvious prejudicial error. Denial of intervention is ordinarily immediately appealable, since the unsuccessful applicant for intervention is not a party and cannot appeal from the final judgment. Here the permissive intervention was arguably denied in part by virtue of the several conditions on intervention imposed by the court below, but the intervenors can still protect their interests adequately on appeal from the final decision. Intervenors' argument that the order is appealable under 28 U.S.C. § 1292(a)(1) as a denial of injunctive relief also fails because they have not gone beyond a showing that the order has the practical effect of denying an injunction to a showing of grievous consequences.
Counsel are listed at 14 ELR 20381.
Before WRIGHT, SKOPIL, and NORRIS, Circuit Judges.