Supreme Court of the United States
Stringfellow v. Concerned Neighbors in Action
March 9, 1987480 U.S. 370
Summary
The Court held that a district court order granting permissive intervention while denying intervention as of right is not immediately appealable because it is not a collateral order, does not fall within the 1292(a)(1) injunction exception, and does not constitute a complete denial of the right to intervene. The judgment of the Ninth Circuit was vacated and the case remanded.
Holding
- Whether a district court order granting permissive intervention but denying intervention as of right is immediately appealable under the collateral order doctrine.. The order is not immediately appealable because it is not a collateral order; CNA remains a party and can raise the issue on appeal from the final judgment.
- Whether the order falls within the statutory exception to finality in 28 U.S.C. §1292(a)(1) concerning injunctions.. The order does not fall within §1292(a)(1) because it does not constitute a denial of an injunction that would cause a serious, irreparable consequence.
- Whether the order constitutes a complete denial of the right to intervene, warranting immediate review under Railroad Trainmen precedent.. The order is not a complete denial of the right to intervene because CNA was granted permissive intervention and retains the ability to raise its claims on appeal.
Docket 85-184
Cited authorities
- Fed. R. Civ. P. 24(a)
- 28 U.S.C. § 1291.3
- 28 U.S.C. § 1292
- Fed. R. Civ. P. 24
- 88 Stat. 1690
- 90 Stat. 2825
- 42 U.S.C. § 6972
- 86 Stat. 888