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CAMPBELL v. HALL-MARK ELECTRONICS CORP.

No. 86-7118.

808 F.2d 775 (1987)

Carold CAMPBELL, on Behalf of himself and all others similarly situated and, Bobby Wayne Cates, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, Wilbur D. Turner and Lawrence T. Lederer, Plaintiffs-Intervenors, Appellees, v. HALL-MARK ELECTRONICS CORP., etc., et al., Defendants-Appellees. William E. BROCK, Secretary of the United States Department of Labor, Plaintiff-Appellant, v. HALL-MARK ELECTRONICS CORP., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 23, 1987.

Attorney(s) appearing for the Case

David L. Hutner, U.S. Dept of Labor, Office of Sol., Plan Benefits Sec. Div., Robert N. Eccles, Washington, D.C., for Dept. of Labor.

Charles R. Smith, Jr., Harvey B. Morris, Huntsville, Ala., for Carold Campbell and private plaintiffs.

Joe B. Harrison, Dallas, Tex., for Hall-Mark Electronics.

Before HILL and FAY, Circuit Judges, and MORGAN, Senior Circuit Judge.

HILL, Circuit Judge:

The Secretary of Labor appeals from the district court's denial of his motion for leave to intervene to oppose a settlement order between private litigants, which was agreed to by the parties and approved by the district court. The sole issue presented by this appeal is the timeliness of the Secretary's motion to intervene.

I. FACTS

This appeal arises out of two consolidated actions, one a private class action and the other a...

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