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STOCKTON v. UNITED STATES

No. 73-2190.

493 F.2d 1021 (1974)

Richard M. STOCKTON and Phyllis I. Stockton, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant, Conrad H. Goerl, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

March 14, 1974.

Attorney(s) appearing for the Case

James Joseph Lewis, of Pistone, Schatz, Slavett, Lewis & Smith, Encino, Cal., for plaintiffs-appellants.

Richard S. Berger, Frank C. Christl, of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for intervenor-appellee.

Before WRIGHT, KILKENNY and WALLACE, Circuit Judges.

OPINION

Eugene A. WRIGHT, Circuit Judge:

May an attorney in a tax refund suit intervene under Fed.R.Civ.P. 24(a)(2) to assert a claim for attorney's fees? The district court granted leave to intervene, and we reverse. Intervention was improper under the facts of this case and the judgment awarding a fee to the intervenor must be vacated.

Mr. and Mrs. Stockton retained attorney Goerl in 1969 to represent them in an action for a tax refund. A successful...

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