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SANGUINE, LTD. v. U.S. DEPT. OF INTERIOR

Nos. 85-1645, 86-1121.

798 F.2d 389 (1986)

SANGUINE, LTD., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF INTERIOR, Bureau of Indian Affairs, United States Geological Survey, Stanley Speaks, and F.L. Stelzer, Defendants-Appellees, Delra M. Toohey, Mae Lamar Davis, Imogene Birch, Eva Louise Warden, Richard Guy, Wildena F. Guy Moffer, Willard B. Guy, Berdina Holder, and Ronnie F. Birch, Sr., Defendants in Intervention-Appellees.

United States Court of Appeals, Tenth Circuit.

August 1, 1986.

Attorney(s) appearing for the Case

Kent L. Jones (Orval E. Jones, with him on briefs), of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Inc., Tulsa, Okl., for plaintiff-appellant.

Laura E. Frossard, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Edward J. Shawaker, Atty., Dept. of Justice, Washington, D.C., and J. McLane Zanone, of counsel, Atty., U.S. Dept. of Interior, Washington, D.C., with her on brief), for defendants-appellees.

Patricia L. Brown of Wilkinson, Barker, Knauer & Quinn, Washington, D.C. (Jap W. Blankenship, of counsel, of Fellers, Snider, Blandenship, Bailey & Tippens, Oklahoma City, Okl., with her on brief), for defendants in intervention-appellees.

Before BARRETT, MOORE and BALDOCK, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal from an order granting the intervenors' motion to vacate a judgment entered prior to intervention. The case presents the question of whether an intervenor whose interests were inadequately represented by a party defendant prior to intervention may seek to vacate decrees entered before intervention was granted. We hold that the circumstances of this case make mandatory the vacation of those decrees, and we affirm.

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