# Bennett v. Madison County Board of Education

> Court of Appeals for the Fifth Circuit · December 30, 1970 · 437 F.2d 554

URL: https://www.frixlaw.com/law-library/cases/8884561

## Case

- **Full name:** Larry BENNETT, United States of America, Plaintiff-Intervenor v. MADISON COUNTY BOARD OF EDUCATION v. NATIONAL EDUCATION ASSOCIATION, Inc., Intervenor-Appellant Sonny Wellington HEREFORD v. HUNTSVILLE BOARD OF EDUCATION v. NATIONAL EDUCATION ASSOCIATION, Inc., Intervenor-Appellant Catherine Ann MILLER, United States of America, Plaintiff-Intervenor v. BOARD OF EDUCATION OF the CITY OF GADSDEN v. NATIONAL EDUCATION ASSOCIATION, Inc., Intervenor-Appellant George Robert BOYKINS, United States of America, Plaintiff-Intervenor v. FAIRFIELD BOARD OF EDUCATION v. NATIONAL EDUCATION ASSOCIATION, Inc., Intervenor-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 30, 1970
- **Citations:** 437 F.2d 554; 14 Fed. R. Serv. 2d 1109
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Wisdom
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8884561

## Opinion text

PER CURIAM:
These cases, heard and submitted together, are appeals from denials by the District Court for the Northern District of Alabama of petitions by the National Education Association, Inc., to intervene in school desegregation cases. The appellant association contends that it was entitled to intervene as a matter of right under Rule 24(a) (2), Fed.R.Civ. P. There is not involved the right to in *555 tervene as a matter of discretion under Rule 24(b).
In Horton v. Lawrence County Board of Education, 425 F.2d 735 (5th Cir. 1970), the same petition for intervention was filed as in the instant cases, 1 and we held that NEA was not entitled to intervene as a matter of right.
Our decision in Horton controls the cases now before us.
Affirmed.
. The only difference is that in each of the instant cases there has been added an allegation not present in Horton that the United States already has been granted leave to intervene as plaintiff. The same briefs have been filed as in Horton and the same counsel appear for NEA.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8884561. Public record. Not legal advice.