McKenna v. Pan American Petroleum Corporation
| Decision Date | 06 June 1962 |
| Docket Number | No. 19631.,19631. |
| Citation | 303 F.2d 778 |
| Parties | Patrick A. McKENNA, Appellant, v. PAN AMERICAN PETROLEUM CORPORATION, Appellee. PAN AMERICAN PETROLEUM CORPORATION, Appellant, v. Floyd A. WALLIS, Appellee. Samuel NAKASIAN, Appellant, v. Patrick A. McKENNA, Floyd A. Wallis, and Pan American Petroleum Corporation, Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
E. L. Brunini, Jackson, Miss., for appellant.
Percy Sandel, Lloyd J. Cobb, New Orleans, La., H. M. Holder, Shreveport, La., Wm. P. Hardeman, Houston, Tex., C. Ellis Henican, New Orleans, La., for appellee.
Before CAMERON, JONES and GEWIN, Circuit Judges.
Samuel Nakasian has sought to intervene as a party appellant in this cause. He was not a party to the action in the district court and, although he was fully aware that the cause was pending and of his interest, he made no effort to intervene. A court of appeals may, but only in an exceptional case for imperative reasons, permit intervention where none was sought in the district court — Morin v. City of Stuart, 5th Cir. 1939, 112 F.2d 585. No sufficient reason is shown for allowing intervention in this appeal. The motion will be denied without prejudice to an application by the movant to intervene in the district court should this cause be reversed and remanded. Holland v. Board of Public Instruction, 5th Cir. 1958, 258 F.2d 730.
Motion denied.
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...(5th Cir.1985).15 Id. at 1287-88.16 417 F.2d 1122 (5th Cir.1969).17 Id. at 1124-25 (citation omitted).18 McKenna v. Pan American Petroleum Corp., 303 F.2d 778, 779 (5th Cir.1962).19 Id.20 See United States v. Bursey, 515 F.2d 1228, 1238 & n. 24 (5th Cir.1975).21 See 9 J. Moore, B. Ward & J.......
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...Beach County, 5 Cir., 1958, 258 F.2d 730; St. Helena Parish School Board v. Hall, 5 Cir., 1961, 287 F.2d 376; McKenna v. Pan American Petroleum Corp., 5 Cir., 1962, 303 F.2d 778. Under the original opinion and order of the U. S. District Court for the Northern District of Alabama1 and under......
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...imperative reasons, permit intervention where none was sought in the district court." (citing the Morin case), McKenna v. Pan American Petroleum Corp., 5 Cir., 1962, 303 F.2d 778; see also Holland v. Board of Public Instruction of Palm Beach, 5 Cir., 1958, 258 F. 2d 730, 733. If interventio......
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...case for imperative reasons, permit intervention where none was sought in the district court . . .." McKenna v. Pan American Petroleum Corp., 5 Cir. 1962, 303 F.2d 778. See also Blakeney v. Fairfax County School Bd., 4 Cir. 1964, 334 F.2d 239. In the exceptional circumstances of this case, ......