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U.S. v. CERTAIN LAND SITUATED IN DETROIT

No. 02-1591.

361 F.3d 305 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN LAND SITUATED IN THE CITY OF DETROIT, Wayne County, Michigan; 0.74 Acre of Land, More or Less, Situated in the City of Detroit, Wayne County Michigan, et al., Defendants, Detroit International Bridge Co., Proposed Intervenor-Appellant, Commodities Export Company; Walter H. Lubienski, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 9, 2004.

Attorney(s) appearing for the Case

Stephanie Tai (argued and briefed), U.S. Department of Justice, Environment Division Appellate Section, Lisa E. Jones (briefed), Washington, DC, for Plaintiff-Appellee.

Mark H. Sutton (briefed), Craig L. John (argued), Christopher S. Olson, Dykema Gossett, Bloomfield Hills, MI, for Defendant-Appellant.

Walter H. Lubienski (argued and briefed), Dearborn, MI, for Defendants-Appellees.

Before: NORRIS, BATCHELDER, and COLE, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Proposed intervenor Detroit International Bridge Co. ("DIBCO") appeals from the denial of its motion to intervene of right. It sought to intervene as a defendant in a condemnation action in which the condemned land was owned by a third party. The district court denied DIBCO's motion for failure to meet the requirements of intervention of right under Fed. R.Civ.P. 24(a). We conclude that intervention was improper because...

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