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BRENNAN v. N.Y.C. BD. OF EDUC.

Docket No. 00-6077.

260 F.3d 123 (2001)

John BRENNAN; James G. Ahearn; Kurt Brunkhorst, Intervenors-Appellants, v. N.Y.C. BOARD OF EDUCATION; Department of Citywide Administrative Services; William J. Diamond, Personnel Director, New York City Department of Personnel (in his official capacity); 115-13 120th Street, Defendants-Appellees, United States of America, Plaintiff-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 3, 2001.

Attorney(s) appearing for the Case

Michael E. Rosman, Center for Individual Rights, Washington, DC, (George W.C. McCarter, McCarter & Higgins, Shrewsbury, New Jersey, of counsel), for Intervenors-Appellants.

Alan Beckoff (Michael D. Hess, Corporation Counsel of the City of New York, and Stephen J. McGrath, of counsel), New York, NY, for Defendants-Appellees.

Lisa Wilson Edwards, United States Department of Justice, Civil Rights Division (Bill Lann Lee, Acting Assistant Attorney General, and Dennis J. Dimsey, of counsel), Washington, DC, for Plaintiff-Appellee.

Before: CARDAMONE, WINTER, and POOLER, Circuit Judges.

WINTER, Circuit Judge:

John Brennan, James G. Ahearn, and Kurt Brunkhorst appeal from Magistrate Judge Levy's denial of their motion to intervene as of right, pursuant to Fed. R.Civ.P. 24(a)(2). See United States v. New York City Bd. of Educ., 85 F.Supp.2d 130, 154-56 (E.D.N.Y.2000). The underlying action was brought by the United States against the New York City Board of Education and certain City officials (collectively...

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