BOLDEN v. PENNSYLVANIA STATE POLICE

Nos. 77-2323, 77-2390.

578 F.2d 912 (1978)

William H. BOLDEN, III, on his own behalf and on behalf of all others similarly situated, Plaintiffs, v. The PENNSYLVANIA STATE POLICE, Colonel James D. Barger, Individually and in his capacity as Commissioner of the Pennsylvania State Police, Milton J. Shapp, Individually and in his capacity as Governor of the Commonwealth of Pennsylvania, Ernest P. Kline, Individually and in his capacity as Lieutenant Governor of the Commonwealth of Pennsylvania and Chairman of the Governor's Affirmative Action Council, Ronald G. Lench, Individually and in his capacity as Secretary of the Office of Administration of the Commonwealth of Pennsylvania, Richard Madison, Individually and in his capacity as Director of the Bureau of Personnel of the Commonwealth of Pennsylvania, Grace Hatch, John McCarthy, C. Herschel Jones, Individually and in their capacities as Chairwoman and Commissioners of the Pennsylvania State Civil Service Commission, and Richard A. Rosenberry, Individually and in his capacity as Executive Director of the Pennsylvania State Civil Service Commission. Appeal of applicants for intervention, Danny R. McKNIGHT, John Dudinskie and Albert Minnick, on their own behalf and on behalf of all Pennsylvania State Police Lodges of the Fraternal Order of Police, in No. 77-2323. Appeal of applicants for intervention Robert W. McDONALD and Donald S. Millard, Jr., on their own behalf and on behalf of others similarly situated, in No. 77-2390.

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.


Attorney(s) appearing for the Case

David Kraut, Germaine Ingram, Community Legal Services, Inc., Philadelphia, Pa., for plaintiffs-appellees.

Norman J. Watkins, Jeffrey Cooper, Deputy Attys. Gen., J. Justin Blewitt, Jr., Deputy Atty. Gen., Chief, Civil Litigation, Robert P. Kane, Atty. Gen., Pa. Dept. of Justice, Harrisburg, Pa., for defendants-appellees.

Gary M. Lightman, Mancke & Lightman, Harrisburg, Pa., Roger A. Clark, John H. C. Barron, Jr., Rogers & Wells, Washington, D. C., for appellants.

Before SEITZ, Chief Judge, and GIBBONS and GARTH, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order denying three applications to intervene as parties-defendants for the purpose of seeking temporary relief from and permanent modification of a final judgment. The final judgment at issue was entered by consent on June 20, 1974, and modified by the district court on November 29, 1976. It disposed of a complaint by William H. Bolden, III, and others charging the Commonwealth of Pennsylvania...

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