Penick v. Columbus Ed. Ass'n, 77-3367
| Decision Date | 27 April 1978 |
| Docket Number | No. 77-3367,77-3367 |
| Citation | 574 F.2d 889 |
| Parties | Gary L. PENICK et al., Plaintiffs-Appellees, v. COLUMBUS EDUCATION ASSOCIATION, Intervenor-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Leonard J. Schwartz, Andrew M. Fishman, Schwartz & Fishman, Columbus, Ohio, for intervenor-appellant.
Louis R. Lucas, Ratner, Sugarmon & Lucas, Memphis, Tenn., Thomas I. Atkins, Boston, Mass., Richard M. Stein, Allan E. Roth, William J. Kelly, Jr., Samuel H. Porter, Curtis A. Loveland, Porter, Stanley, Platt & Arthur, Leo P. Ross, Columbus, Ohio, Nathaniel R. Jones, Gen. Counsel, NAACP, New York City, Mark O'Neill, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, Thomas P. Michael, Alexander, Ebinger, Holschuh, Fisher & McAlister, Edward J. Cox, William J. Brown, Atty. Gen. of Ohio, Roy F. Martin, James W. McCarthy, and Terry L. Tataru, Asst. Attys. Gen., Robert K. Hammersmith, Jr., Columbus, Ohio, for plaintiffs-appellees.
Before EDWARDS, LIVELY and MERRITT, Circuit Judges.
This case involves an appeal from an order of the District Court for the Southern District of Ohio, denying the motion of the Columbus Education Association (CEA), the bargaining agent for Columbus public school teachers, to intervene as plaintiff in the remedial stage of school desegregation proceedings. The CEA sought to intervene after the District Court had determined that the Columbus and Ohio State Boards of Education should be held liable for unconstitutional segregation of the Columbus public schools, 1 but before a desegregation plan had been submitted and approved by the court. The CEA sought to intervene on the grounds that school teachers would be affected by the formulation of any remedy involving staff reassignments, changes in duties, or modifications in teaching contracts.
The District Court denied intervention on the grounds that the motion was untimely, but it stated that the CEA would be allowed to participate as amicus curiae. The CEA claims it should have been allowed to intervene as a matter of right under Rule 24(a)(2) of the Federal Rules of Civil Procedure, which provides for intervention upon timely application
when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
Columbus school teachers undoubtedly have an interest in minimizing changes in existing contractual agreements and preventing the imposition of more burdensome duties on teachers. However, the interests of the CEA in the court proceedings so far appear to substantially coincide with the...
To continue reading
Request your trial
-
Stewart v. Rubin
...cert. denied sub nom., Orders v. Stotts, 459 U.S. 969, 103 S.Ct. 297, 74 L.Ed.2d 280 (1982); Penick v. Columbus Education Ass'n, 574 F.2d 889, 890 (6th Cir. 1978) (per curiam) (participation as amicus allowed in school desegregation case). Either way, the Putative Intervenors had a reasonab......
-
Purnell v. City of Akron
...since the Campbells limited the analysis in their appellate briefs to permissive intervention. Cf. Penick v. Columbus Educ. Ass'n, 574 F.2d 889, 890 (6th Cir.1978) (per curiam) (district court did not improperly treat would-be intervenor's application for intervention under Rule 24(a)(2) as......
-
Stotts v. Memphis Fire Dept.
...and impairment requirements. The Rule requires a showing beyond a merely speculative interest. See, e.g., Penick v. Columbus Educ. Ass'n, 574 F.2d 889 (6th Cir. 1978). The majority's interpretation of the Rule requires an applicant to move for intervention at a time when it would be impract......
-
Fisher Foods, Inc. v. Ohio Dept. of Liquor Control
...between them and the members of the Liquor Control Commission or the Ohio Department of Liquor Control. See Penick v. Columbus Education Association, 574 F.2d 889 (6th Cir.1978). Although the application to intervene was timely filed the applicants have not shown a legally cognizable intere......