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FLYNN v. HUBBARD

Nos. 85-1397, 85-1398.

782 F.2d 1084 (1986)

Michael J. FLYNN, Plaintiff, Appellee, v. Lafayette Ronald HUBBARD a/k/a L. Ron Hubbard, Defendant, Appellee. CHURCH OF SCIENTOLOGY OF CALIFORNIA, INC., Appeal of Michael J. FLYNN, Plaintiff, Appellee, v. Lafayette Ronald HUBBARD a/k/a L. Ron Hubbard, Defendant, Appellee. Mary Sue HUBBARD, Appeal of

United States Court of Appeals, First Circuit.

Decided February 7, 1986.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City with whom Eric M. Lieberman, Edward Copeland, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, Roger Geller and Geller & Weinberg, Boston, Mass., were on brief for appellant Church of Scientology of California, Inc.

Michael Lee Hertzberg, New York City with whom Roger Geller, and Geller & Weinberg, Boston, Mass., were on brief for appellant Mary Sue Hubbard.

Michael A. Tabb, Boston, Mass., with whom Flynn & Joyce, David M. Bansah, and Hollingsworth & Associates, Boston, Mass., were on brief for appellee.

Before COFFIN, Circuit Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

The question in this case is whether intervention under Federal Rule of Civil Procedure 24(a)(2) or 24(b)(2) was properly denied where the sole named defendant has, as yet, failed to appear. The plaintiff-appellee, Michael J. Flynn, is a Massachusetts attorney who has sued various Churches of Scientology and individual Scientologists over a number of years. L. Ron Hubbard, the defendant, is the founder of Scientology. On September 7, 1983, Flynn...

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