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NASHVILLE BRIDGE COMPANY v. A. B. BURTON COMPANY

No. 8422.

299 F.2d 257 (1962)

NASHVILLE BRIDGE COMPANY, Appellee, v. A. B. BURTON COMPANY, Inc., Intervenor, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 1, 1962.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Winston-Salem, N. C. (James R. Caskie, S. Bolling Hobbs, and Caskie, Frost, Davidson & Watts, Lynchburg, Va., on brief), for intervenor appellant.

David M. Clark and Stephen Millikin, Greensboro, N. C. (Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Intervention as a party defendant in this action, which involves a materialman's claim on a construction contract bond of A. B. Burton Company, Inc. and named defendants, was sought by but denied to Burton. The Company appeals on the ground that its motion pleaded facts entitling it to enter the case as of right. Rule 24, F.R.Civ.P., 28 U.S.C.A. Failing this, refusal to allow permissive intervention is assailed as an abuse of the District...

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