EAGLE-PICHER INDUSTRIES, INC. v. U.S.

No. 89-5058.

901 F.2d 1530 (1990)

EAGLE-PICHER INDUSTRIES, INC., Plaintiff-Appellee, v. UNITED STATES of America; John S. Herrington, Secretary of the Department of Energy; Peter D. Dayton, Director, Procurement and Contracts Division, Department of Energy, Oak Ridge, Tennessee, Defendants-Appellees, Appeal of CERADYNE, INC., Applicant-in-Intervention.

United States Court of Appeals, Tenth Circuit.

April 30, 1990.


Attorney(s) appearing for the Case

William J. Spriggs, Spriggs & Hollingsworth, Washington, D.C. (Coy Morrow, Wallace, Owens, Landers, Gee, Morrow, Wilson, Watson, James & Coiner, Miami, Okl. and Philip Chung, Spriggs & Hollingsworth, Washington, D.C., with him on the briefs), for plaintiff-appellee.

Jacob D. Vreeland, Atty., Dept. of Energy, Washington, D.C. (Tony M. Graham, U.S. Atty., Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl., on the brief), for defendants-appellees.

Douglas L. Inhofe, Conner & Winters, Tulsa, Okl. (G.W. Turner III, Conner & Winters, Tulsa, Okl., and Paul L. Gale, Stradling, Yocca, Carlson & Rauth, Newport Beach, Cal., with him on the briefs), for applicant-in-intervention.

Before ANDERSON and BALDOCK, Circuit Judges, and GREENE, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

This appeal is taken from the denial of a motion to intervene filed by Ceradyne, Inc., in an action brought by Eagle-Picher Industries, Inc., against the United States. Because we find that the district court lacked subject-matter jurisdiction over Eagle-Picher's claim, we do not reach the merits of Ceradyne's efforts to intervene.

Martin Marietta Energy Systems, Inc., manages, as an agent of the federal government, a facility...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases