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COMMERCIAL UNION INSURANCE COMPANY v. CITY OF ST. LOUIS

Civ. No. 74-1020.

497 F.2d 957 (1974)

COMMERCIAL UNION INSURANCE COMPANY, Appellee, v. CITY OF ST. LOUIS, Appellee, v. FULLGRAF STEEL COMPANY et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1974.

Attorney(s) appearing for the Case

Joseph J. Becker and David S. Purcell, Clayton, Mo., for appellants.

Bernard A. Reinert, St. Louis, Mo., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The sole issue before us is whether the appellants1 should have been permitted to intervene as a matter of right under Fed.R.Civ.P. 24(a) (2)2 in a suit between Commercial Union Insurance Company and the City of St. Louis.

On August 22, 1973 Commercial Union filed a complaint in the court below against the City,

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