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MICHIGAN ASS'N FOR RETARDED CITIZENS v. SMITH

No. 80-1087.

657 F.2d 102 (1981)

MICHIGAN ASSOCIATION FOR RETARDED CITIZENS, et al., Plaintiffs-Appellees. American Federation of State, County and Municipal Employees, AFL-CIO, Proposed Intervenor-Appellant, v. Donald C. SMITH, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 21, 1981.

Attorney(s) appearing for the Case

George B. Washington, Zwerdling & Maurer, Mary Elizabeth Bunn, Detroit, Mich., for C# 25 AFSCME.

Frank J. Kelley, Michigan Atty. Gen., William J. Campbell, Thomas Wheeker, David T. Versepit, Lansing, Mich., John E. Stempfle, Detroit, Mich., Michael J. Kiley, Lansing, Mich., Brian J. O'Malley, Michigan Protection and Advocacy Service for Developmentally Disabled Citizens, Lansing, Mich., for plaintiffs-appellees.

Robert A. Derengoski, Sol. Gen., Thomas L. Casey, Asst. Atty. Gen., Lansing, Mich., for defendants-appellees.

Before KEITH, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BERTELSMAN, District Judge.

PHILLIPS, Senior Circuit Judge.

The sole issue on this appeal is whether the district court erroneously denied the application of the appellant labor union to intervene. Intervention of right as well as permissive intervention were denied on the ground that the application was untimely. We hold that the district court did not abuse its discretion and affirm.

This class action was commenced to improve the plight of...

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