SMOKE v. NORTON

No. 00-5061

252 F.3d 468 (2001)

Edward D. Smoke, et al., Appellant v. Gale A. Norton, Secretary of the Interior, et al., Alma Ransom, et al., Appellees Consolidated with 00-5062

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2001


Attorney(s) appearing for the Case

Michael Rhodes-Devey argued the cause and filed the briefs for appellants. Phillip H. Tarbell, appearing pro se, entered an appearance.

Peter B. Work argued the cause for appellees. With him on the brief was Bradley S. Waterman.

Before: GINSBURG and HENDERSON, Circuit Judges, and SILBERMAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge HENDERSON.

GINSBURG, Circuit Judge:

The appellants moved to intervene in this case after the district court granted summary judgment against the Government — which had represented their interests in the proceedings below — and the Government indicated it might not appeal. The district court denied the appellants' motion as untimely. We reverse...

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