FELZEN v. ANDREAS

No. 97-2829.

134 F.3d 873 (1998)

Paul FELZEN, Trustee of Louise Laskin Trust—1991, and Sandra Esner, Plaintiffs-Appellees, v. Dwayne O. ANDREAS, et al., Defendants, California Public Employees' Retirement System and Florida State Board of Administration, Objectors-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 1998.


Attorney(s) appearing for the Case

Terry Rose Saunders (submitted), Chicago, IL, Robert M. Roseman, Spector & Roseman, Philadelphia, PA, for Plaintiff-Appellee Felzen.

Terry Rose Saunders (submitted), Chicago, IL, Fred Isquith, Wolf, Haldenstein, Adler, Freeman & Herz, New York City, for Plaintiff-Appellee Esner.

James E. Peckert, A. James Shafter, Kehart, Shafter, Hughes & Webber, Decatur, IL, for Defendant Archer-Daniels-Midland Co.

Mark C. Hansen, Kellogg, Huber, Hansen & Todd, Washington, DC, for Appellants California Public Employees Retirement Systems, Florida State Board of Administration.

Before POSNER, Chief Judge, and FLAUM and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

"The rule that only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment, is well settled. The Court of Appeals suggested that there may be exceptions to this general rule, primarily `when the nonparty has an interest that is affected by the trial court's judgment.' We think the better practice is for such a nonparty to seek intervention for purposes of appeal; denials of such motions are, of course...

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