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SIERRA CLUB v. CITY OF SAN ANTONIO

No. 96-50918 Summary Calendar.

115 F.3d 311 (1997)

SIERRA CLUB, Plaintiff-Appellee, v. CITY OF SAN ANTONIO, et al., Defendants, State of Texas, Intervenor-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 9, 1997.

Attorney(s) appearing for the Case

Renea Hicks, George, Donaldson & Ford, Austin, TX, David O'Brien Frederick, Stuart Nelson Henry, Henry, Lowerre, Johnson, Hess and Frederick, Austin, TX, for Plaintiff-Appellee.

Samuel Wilhelm Goodhope, Javier J. Aguilar, Harry Grant Potter, III, Deborah Anne Verbil, Austin, TX, Dan Morales, Attorney General, Austin, TX, for State of Texas.

Before SMITH, DUHE and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The State of Texas appeals a denial of its motion to intervene filed pursuant to FED. R. Civ. P. 24. Concluding that the district court erred, we reverse and direct the district court to grant the state's motion for intervention as of right.

I.

In June 1996, the Sierra Club filed the instant action under the Endangered Species Act, 16 U.S.C. §§ 1531 et seq.,

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