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DAVIS v. BUTTS

No. 01-10425. Non-Argument Calendar.

290 F.3d 1297 (2002)

Nathaniel DAVIS, John R. Green, Danny R. Manley, Proposed Intervenors-Appellants, Johnny Reynolds, individually and on behalf of himself and representative of a class of black employees of the Highway Department, State of Alabama, similarly situated, Plaintiff-Appellee, Cecil Parker, Robert Johnson, et al., Intervenors-Plaintiffs, William Adams, Cheryl Caine, Tim Colquitt, William A. Flowers, Wilson Fomas on behalf on themselves and a class of all non-black employees of the Al. Dept. of Transportation, et al., Intervenors-Plaintiffs-Appellees, v. Jim BUTTS, in his official capacity as Director of the Alabama Department of Transportation, Department of Transportation, State of Alabama, Department of Personnel, State of Alabama, Ray Bass, Marvin Wagonner, et al., Defendants-Appellees, NAACP Legal Defense and Education Fund, Inc., The Lawyers' Committee for Civil Rights Under Law, Amicus.

United States Court of Appeals, Eleventh Circuit.

May 9, 2002.

Attorney(s) appearing for the Case

Mickey McDermott, Montgomery, AL, for Proposed Intervenors-Appellants.

Susan Salonimer Wagner, Lisa Wright Borden, Wesley C. Redmond, Berkowitz, Lefkovits, Isom & Kushner, Robert L. Wiggins, Jr., Russell Wayne Adams, Kimberly C. Page, Kell A. Simon, Ann K. Wiggins, Gordon, Silberman, Wiggins & Childs, P.C., R. Scott Clark, J. Michael Cooper, Raymond P. Fitzpatrick, Jr., Fitzpatrick, Cooper & Clark, Birmingham, AL, Jimmie R. Ippolito, Alice Ann Byme, Montgomery, AL, Claudia H. Pearson, Vestavia Hills, AL, for Appellees.

Before ANDERSON, Chief Judge, and TJOFLAT and DUBINA, Circuit Judges.

TJOFLAT, Circuit Judge:

In this case, Danny Manley, Nathaniel Davis, and John Green, employees of the Alabama Department of Transportation ("ALDOT"), appeal the district court's denial of a motion to intervene in litigation against ALDOT (the "Reynolds litigation").1 Because the denial of a motion to intervene is not a final judgment, which 28 U.S.C. § 1291 requires for appellate...

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