McLean v. State of Ark., 81-2023

Decision Date09 November 1981
Docket NumberNo. 81-2023,81-2023
PartiesBill McLEAN, et al., Plaintiffs-Appellees, v. STATE OF ARKANSAS, et al., Defendants-Appellees; Arkansas Citizens for Balanced Education in Origins, et al., Intervenors-Appellants.
CourtU.S. Court of Appeals — Eighth Circuit

Wendell R. Bird, El Cajon, Cal., for appellants.

Henry J. Osterloh, Little Rock, Ark., for Pulaski City Special School Dist.

Philip E. Kaplan, David L. Williams, Asst. Atty. Gen., Little Rock, Ark., for appellees.

Bruce Ennis & Jack Novik, New York City, for American Civil Liberties Union.

Before BRIGHT, STEPHENSON, and ARNOLD, Circuit Judges.

PER CURIAM.

This appeal arises out of a suit challenging the constitutionality of Act 590 of the 1981 General Assembly of Arkansas, referred to by some as the Balanced Treatment Act, and by others as the Creation-Science Act. Appellants are four organizations and 15 individuals who sought leave in the court below to intervene as defendants. In a memorandum order filed August 20, 1981, the District Court 1 denied the motion for leave to intervene. The case is now set for trial on December 7, 1981.

The pivotal question presented by the appeal is whether the Attorney General of Arkansas, who represents the named defendants, will adequately represent the interests of intervenors. The District Court found that the Attorney General will defend the suit with adequate vigor and diligence. We have examined the papers filed by appellants, including their notice of appeal, a motion for suspension of the rules to expedite proceedings, and the supporting affidavit of William E. Gran, an individual intervenor-appellant. The case is sufficiently clear to enable this Court to dispose of the appeal summarily. See 8th Cir. R. 12(a) 2.

We have no basis for disagreeing with the District Court's judgment that the Attorney General of Arkansas will properly defend the validity of Act 590. The District Court is in a much better position than we are to assess this kind of question, and its conclusions are clearly set forth and amply supported in the memorandum order referred to above. To the extent that the District Court found that applicants were not entitled to intervention as of right under Fed.R.Civ.P. 24(a), the judgment is affirmed. To the extent that permissive intervention under Fed.R.Civ.P. 24(b) was denied, the appeal is dismissed for want of jurisdiction. The...

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  • Hancock v. Thalacker
    • United States
    • U.S. District Court — Northern District of Iowa
    • 9 Julio 1996
    ...F.3d at 1170 n. 9; Arrow v. Gambler's Supply, Inc., 55 F.3d 407, 410 (8th Cir.1995) (citing for this standard of review McLean v. Arkansas, 663 F.2d 47, 48 (8th Cir.1981)); Sierra Club v. Robertson, 960 F.2d 83, 85 (8th Cir.1992) (citing Walters v. City of Atlanta, 803 F.2d 1135, 1151 n. 16......
  • McLean v. Arkansas Bd. of Ed.
    • United States
    • U.S. District Court — Eastern District of Arkansas
    • 5 Enero 1982
    ...as defendants. The application for intervention was denied by this Court. McLean v. Arkansas, (E.D.Ark.1981), aff'd. per curiam, 663 F.2d 47 (8th Cir. 1981). 12 The model act had been revised to insert "creation science" in lieu of creationism because Ellwanger had the impression people tho......
  • Bauer Welding and Metal Fabricators, Inc. v. N.L.R.B.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 28 Abril 1982
    ... ... at 765. This court went on to state, however, that "this kind of threat of physical violence might be most ... ...
  • Clark v. Putnam County, 98-8623
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 26 Febrero 1999
    ...presumption the plaintiffs rely upon: that elected officials will represent their constituents' interests. See, e.g., McLean v. Arkansas, 663 F.2d 47, 48 (8th Cir.1981). Because elected officials in a majority-rule democracy may represent only part of the electorate (for instance, members o......
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