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DEV. FINANCE v. ALPHA HOUSING & HEALTH CARE, INC.

No. 94-3519.

54 F.3d 156 (1995)

DEVELOPMENT FINANCE CORPORATION; The National Housing and Health Care Trust, Inc., Appellees, v. ALPHA HOUSING & HEALTH CARE, INC., Appellee, v. John SOWER; Wilbur Dove, Third Party Defendants. Sylvan Associates, Inc.,* (* Pursuant to Rule 12(a), F.R.A.P.), Appellant.

United States Court of Appeals, Third Circuit.

Decided April 26, 1995.

Attorney(s) appearing for the Case

John Alan Conte, Robert A. Krebs (argued), Conte, Melton & D'Antonio, Conway, PA, for appellant.

George E. Pallas (argued), Andrea B. Dillon, Cohen & Huntington, P.C., Philadelphia, PA, for appellees Development Finance Corp. and The Nat. Housing and Health Care Trust, Inc.

Louis Pomerico, Pomerico, Leymarie, Clark & Punture, New Castle, PA, for appellee Alpha Housing & Health Care, Inc.

Before: HUTCHINSON, ALITO, and SAROKIN, Circuit Judges.

OPINION OF THE COURT

SAROKIN, Circuit Judge:

Sylvan Associates, Inc. ("Sylvan" or "applicant"), the sole member of defendant Alpha Housing & Health Care, Inc. ("Alpha"), a nonprofit corporation, appeals from the denial of its motion to intervene as a third-party plaintiff in an action for breach of contract. Sylvan wishes to argue that the contracts between plaintiffs and defendant were ultra vires, a claim that defendant itself is prohibited...

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