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SCHUMAKER v. STATE OF S.D., DEPT. OF TRANS., ETC.

Nos. 75-1070, 75-1071.

518 F.2d 653 (1975)

Lawren V. SCHUMAKER and Darlene Schumaker, Plaintiffs-Appellees, v. STATE OF SOUTH DAKOTA, acting By and Through the DEPARTMENT OF TRANSPORTATION FOR the DIVISION OF HIGHWAYS, Applicant for Intervention, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 19, 1975.

Attorney(s) appearing for the Case

Camron Hoseck, Asst. Atty. Gen., Dept. of Transportation, Pierre, S. D., for appellant.

Charles Poches, Jr., Fort Pierre, S. D., for plaintiffs-appellees.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and KILKENNY, Senior Circuit Judge.

PER CURIAM.

The State of South Dakota appeals the denial of its application to intervene as a matter of right under Fed.R.Civ.P. 24(a)(2) in two pending lawsuits seeking damages for the individual negligence of state employees.1 It is undisputed and admitted that intervention was sought for the purpose of moving to dismiss the lawsuits on the ground of sovereign immunity, it being the State's contention that it is the real party in interest...

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