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BURKHALTER v. MONTGOMERY WARD AND CO., INC.

No. 81-1787.

676 F.2d 291 (1982)

Bruce BURKHALTER v. MONTGOMERY WARD AND COMPANY, INC., Appellee, v. Ellen BUCKLEY; Ronald Lewis; Merylon Barnes; Adib Abdullah; Habeeb-Ullah T. Akbar; Jackie Luster; Gary Brooks; James McMullen; James E. Bobo; Verochia Thomas and Ronald L. Sheffield, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1982.

Attorney(s) appearing for the Case

Manuel L. Pruitt, Richard Quiggle, Little Rock, Ark., for appellants.

Jackson, Lewis, Schnitzler & Krupman, Atlanta, Ga., for appellee; Thomas J. Hughes, Jr., Gary R. Kessler, Diane S. Austin, Atlanta, Ga., of counsel.

Before LAY, Chief Judge, STEPHENSON and ARNOLD, Circuit Judges.

STEPHENSON, Circuit Judge.

This is an appeal from the district court's1 refusal to allow appellants to intervene in a suit filed by Bruce Burkhalter and settled by him several days prior to appellants' attempted intervention. Appellants sought to intervene as plaintiffs for the purpose of appealing the district court's order striking the class action allegations from the complaint. We hold the district court erred in denying the motion...

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