MOOSEHEAD SAN. DIST. v. S. G. PHILLIPS CORP.

No. 79-1205.

610 F.2d 49 (1979)

The MOOSEHEAD SANITARY DISTRICT et al., Plaintiffs, Appellees, v. S. G. PHILLIPS CORPORATION, etc., et al., Defendants, Appellees. State of Maine, Appellant.

United States Court of Appeals, First Circuit.

Decided December 11, 1979.


Attorney(s) appearing for the Case

Cabanne Howard, Asst. Atty. Gen., Augusta, Me., with whom Philip F. W. Ahrens, III, Asst. Atty. Gen., Augusta, Me., was on brief, for appellant.

Jotham D. Pierce, Jr., Portland, Me., with whom Jeffrey M. White, Portland, Me., J. William Batten, Waterville, Me., Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me. and Daviau, Jabar & Batten, Waterville, Me., were on brief, for appellee, The Moosehead Sanitary Dist.

W. John Amerling, Portland, Me., with whom David P. Ray and Jensen, Baird, Gardner & Henry, Portland, Me., were on brief, for appellee, S. G. Phillips Corp.

Michael D. Taber, Bangor, Me., with whom Gene Carter and Rudman, Winchell, Carter & Buckley, Bangor, Me., were on brief, for appellees, Johns-Manville Products Corp. and Johns-Manville Sales Corp.

S. Peter Mills, III, and Richardson, Hildreth, Tyler & Troubh, Portland, Me., on brief for appellee, Wright, Pierce, Barnes & Wyman.

Before CAMPBELL and BOWNES, Circuit Judges, and BONSAL, Senior District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

Appellant, the State of Maine, is seeking permission to intervene pursuant to Fed.R. Civ.P. 24(a) in a consolidated diversity action now pending in the Maine District Court. That action was brought by The Moosehead Sanitary District (Moosehead) against several private contractors for damages stemming from the allegedly faulty design and construction of a sewage treatment plant at Moosehead Lake near the town of Greenville, Maine....

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