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VOLLMER v. PUBLISHERS CLEARING HOUSE

Nos. 99-3993, 00-1562 and 00-1610.

248 F.3d 698 (2001)

Thomas G. VOLLMER, Peggy R. Pospeshil, Mary Kennah, et al., Plaintiffs-Appellees, v. PUBLISHERS CLEARING HOUSE and Campus Subscriptions, Incorporated, a New York corporation, Defendants-Appellees, Appeals of Frederick L. Hawk, Putative Intervenor, Lynde Selden II, Attorney, Richard H. Rosenthal, Attorney.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 2001.

Attorney(s) appearing for the Case

Steven A. Katz (argued), Carr, Korein, Tilery, Kunin, Montroy, Cates, Katz & Glass, Belleville, IL, for Plaintiffs-Appellees.

Rebecca Jackson, Bryan Cave, St. Louis, MO, Richard A. Mescon, David Leichtman (argued), Joseph P. Cyr, Morgan, Lewis & Bockius, New York City, Richard H. Rosenthal, Carmel, CA, Lynde Selden, II (argued), San Diego, CA, Paul A. Levy (argued), Public Citizens Litigation Group, Washington, DC, for Defendants-Appellees.

Before CUDAHY, COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Mr. Frederick L. Hawk, represented by his attorneys Lynde Selden II and Richard H. Rosenthal, attempted to intervene in this class action. The district court denied Mr. Hawk's motion to intervene under Federal Rules of Civil Procedure 24(a) and (b) ("Rule 24(a) and 24(b)").

The district court also found that Mr. Selden and Mr. Rosenthal did not investigate appropriately Mr. Hawk's claims and that they filed pleadings on Mr. Hawk's behalf...

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