Opinion

Patricia Ann Horton v. The Lawrence County Board of Education v. National Education Association, Inc., Intervenor-Appellant

  • 425 F.2d 735
  • 14 Fed. R. Serv. 2d 217
  • 1970 U.S. App. LEXIS 9339
Court
Court of Appeals for the Fifth Circuit
Filed
May 8, 1970
Status
Published
On the bench
Bell, Ainsworth, Godbold
Cited by
16 cases
Authority
More cited than 94.7%

teach ers’ association denied intervention; white parents and other “groups concerned” had been denied by district court

How later courts described this case

  • teach ers’ association denied intervention; white parents and other “groups concerned” had been denied by district court
  • teach *1036 ers’ association denied intervention; white parents and other “groups concerned” had been denied by district court

Written by the judges who cited it.

The opinion

PER CURIAM:

This is an appeal from denial by the District Judge of a petition by the National Education Association, Inc., to intervene in this school desegregation case.

1

The NEA is a nationwide professional association of teachers, and, obviously, it has members of numerous and diverse racial backgrounds, including many members both black and white from the State of Alabama. It is the parent organization of the Alabama Education Association, into which formerly all-white and all black teachers’ associations were merged in 1969. NEA’s petition to intervene is for the asserted purpose of protecting the rights of black teacher members who may be affected by orders of the District Court concerning faculty matters entered in the process of converting the Lawrence County

*736

school system from a racially dual system to a unitary system.

In its denial the District Court observed that it had denied similar motions by groups of white parents and other groups concerned about school desegregation.

The petition does not show such interest in the NEA itself as to entitle it to intervene as a matter of right under Rule 24(a) ,(2), Fed.R.Civ.P., and we are not able to say that the District Judge erred in denying permissive intervention under Rule 24(b) (2).

Affirmed.

1

. Upon consideration of the record and the brief of appellant, the appellee having filed no brief, we dispose of the case as an extraordinary matter. Rule 2, FRAP.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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