YNIGUEZ v. STATE OF ARIZ.

Nos. 90-15546, 90-15581.

939 F.2d 727 (1991)

Maria-Kelly F. YNIGUEZ; Jaime P. Gutierrez, Plaintiffs, v. STATE OF ARIZONA, Defendant-Appellee. Robert D. Parks; Arizonans for Official English, Applicants in intervention-Appellants. Maria-Kelly F. YNIGUEZ; Jaime P. Gutierrez, Plaintiffs-Appellees, v. Rose MOFFORD, individually and as Governor of the State of Arizona; Robert Corbin, individually and as Attorney General of the State of Arizona, Defendants-Appellants. Robert D. Parks; Arizonans for Official English, Applicants in intervention-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1991.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., Anthony B. Ching, Sol. Gen., Paula S. Bickett, Asst. Atty. Gen., Phoenix, Ariz., for state appellants.

Robert J. Pohlman, Pohlman & Sanders, Phoenix, Ariz., for plaintiffs-appellees.

Barnaby W. Zall, Williams & Jensen, Washington, D.C., for the appellant, movants & intervenors.

James F. Henderson, Gust, Rosenfeld & Henderson, Phoenix, Ariz., for the appellants, movants, intervenors.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

This case presents two novel questions concerning post-judgment intervention: first, whether the sponsors of a ballot initiative may intervene after judgment to appeal a decision holding the ballot initiative unconstitutional when the only defendant in the case chooses not to appeal; and second, whether the Attorney General, having argued for and won a dismissal of the suit against him in the district court, may intervene on appeal.

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