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GARRITY v. GALLEN

No. 82-1325.

697 F.2d 452 (1983)

Sandra GARRITY, et al., Plaintiffs, Appellees, v. Hugh J. GALLEN, et al., Defendants, Appellees. Appeal of SALEM SCHOOL DISTRICT, et al.

United States Court of Appeals, First Circuit.

Decided January 10, 1983.

Rehearing Denied February 2, 1983.

Attorney(s) appearing for the Case

Gerald M. Zelin, Salem, N.H., with whom Soule, Leslie, Bronstein & Zelin, Salem, N.H., was on brief, for appellants.

Mark L. Gross, Atty., Dept. of Justice, Washington, D.C., with whom W. Stephen Thayer, III, U.S. Atty., Concord, N.H., Wm. Bradford Reynolds, Asst. Atty. Gen., and Jessica Dunsay Silver, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellee U.S.

John D. MacIntosh, Concord, N.H., with whom Richard A. Cohen, Manchester, N.H., was on brief, for Sandra Garrity, et al., plaintiffs, appellees.

Before COFFIN, Chief Judge, DAVIS and BOWNES, Circuit Judges.

OSCAR H. DAVIS, Circuit Judge.

The sole question we need consider is whether the district court abused its discretion in denying as untimely the application of Salem School District, several other school districts, and the New Hampshire School Administrators Association (applicants) to intervene in the main action. Applicants sought intervention of right under Fed.R.Civ.P. 24(a), as well as permissive intervention under Fed.R.Civ.P. 24(b). We hold that the district...

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