Flynn v. Hubbard

Intervention by joint tort-feasors was sought in tort action in which sole defendant had chosen not to appear. The United States District Court for the District of Massachusetts, John J. McNaught, J., denied intervention, and joint tort-feasors appealed. The Court of Appeals, Bownes, Circuit Judge, held that: (1) there could be no intervention as of right by joint tort-feasors until and unless sole defendant appeared, and (2) refusal to permit permissive intervention by joint tort-feasors was not abuse of discretion. Affirmed.

Coffin, Circuit Judge, filed concurring opinion.

Leonard B. Boudin, New York City with whom Eric M. Lieberman, Edward Copeland, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, Roger Geller and Geller & Weinberg, Boston, Mass., were on brief for appellant Church of Scientology of California, Inc. Michael Lee Hertzberg, New York City with whom Roger Geller, and Geller & Weinberg, Boston, Mass., were on brief for appellant Mary Sue Hubbard.

Michael A. Tabb, Boston, Mass., with whom Flynn & Joyce, David M. Bansah, and Hollingsworth & Associates, Boston, Mass., were on brief for appellee.


 * Before COFFIN, Circuit Judge, TIMBERS, [FN*] Senior Circuit Judge, and BOWNES, Circuit Judge.

FN* Of the Second Circuit, sitting by designation.