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S.E.C. v. CHESTMAN

No. 369, Docket 88-6171.

861 F.2d 49 (1988)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Robert CHESTMAN, Defendant-Appellant, United States of America, Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 8, 1988.

Attorney(s) appearing for the Case

Barry A. Bohrer, New York City (Otto G. Obermaier, David Meister, Obermaier, Morvillo & Abramowicz, P.C., New York City, of counsel), for defendant-appellant.

Robert L. Plotz, Asst. U.S. Atty. for S.D. New York, New York City (Rudolph W. Giuliani, U.S. Atty. for S.D. New York, Kerri L. Martin, Asst. U.S. Atty., S.D. New York, New York City, of counsel), for intervenor-appellee.

Before WINTER, MINER and ALTIMARI, Circuit Judges.

PER CURIAM:

This case involves intervention under Rule 24, Fed.R.Civ.P., by the government into a civil case solely for the purpose of seeking a stay of discovery in that case pending completion of a criminal investigation concerning the same underlying facts. The district court denied intervention as of right under Rule 24(a) but granted permissive intervention under Rule 24(b). It then stayed discovery. Defendant, who has now been indicted, has appealed from the...

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