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COUNTY OF ORANGE v. AIR CALIFORNIA

No. 85-6501.

799 F.2d 535 (1986)

COUNTY OF ORANGE, Plaintiff-Appellee, v. AIR CALIFORNIA; American Airlines; America West Airlines; Continental Airlines, Inc.; Frontier Airlines, Inc.; Jet America; Pacific Southwest Airlines; Republic Airlines, Inc.; Western Airlines, Inc.; Alaska Airlines, Inc.; Muse Air Corporation; Trans World Airlines, Inc.; United Airlines, Inc.; Federal Aviation Administration; McDonnell-Douglas Corporation; City of Newport Beach; Stop Polluting our Newport Corporation; Airport Working Group of Orange County, Inc., Defendants-Appellees. City of Irvine, Applicant for Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted July 29, 1986.

Decided September 9, 1986.

Attorney(s) appearing for the Case

Michael Scott Gatzke, Gatzke, Lodge & Mispagel, Carlsbad, Cal., Josephine E. Powe, Los Angeles, Cal., E. Clement Shute, Jr., San Francisco, Cal., for plaintiff-appellee.

John E. McDermott, Memel, Jacobs, Pierno, Gersh & Ellsworth, Los Angeles, Cal., for defendants-appellees.

Before: ANDERSON, POOLE, and THOMPSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

The City of Irvine (Irvine) appeals from a district court order denying a motion to intervene as a matter of right, Fed.R.Civ.P. 24(a)(2), and denying a motion to intervene permissively, Fed.R.Civ.P. 24(b)(2). We affirm.

I. FACTS

On February 26, 1985, the County of Orange (Orange County) approved and adopted a plan (the Airport Project Plan) for the future development of commercial airline activity at John Wayne...

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