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ARMSTRONG v. CAPSHAW, GOSS & BOWERS, LLP

No. 03-11092.

404 F.3d 933 (2005)

Donald E. ARMSTRONG, as Trustee of the Donald E. Armstrong Family Trust and the Donald E. Armstrong Charitable Remainder Unitrust, Plaintiff-Appellant, Donald E. Armstrong, Post-Bankruptcy Petition as a Post-Bankruptcy Petition Beneficiary of the Donald E. Armstrong Family Trust and the Donald E. Armstrong Charitable Remainder Unitrust, Intervenor Plaintiff-Appellant, v. CAPSHAW, GOSS & BOWERS, LLP, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 2005.

Attorney(s) appearing for the Case

Donald E. Armstrong, Park City, UT, pro se.

Wade Crosnoe, Thompson, Coe, Cousins & Irons, Austin, TX, John Sepehri, Shawn W. Phelan, Thompson, Coe, Cousins & Irons, Dallas, TX, for Defendant-Appellee.

Before REAVLEY, JOLLY and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Donald E. Armstrong intervened in this legal malpractice action while it was administratively closed in state court. After removing the case to federal court, Armstrong moved to amend his complaint in intervention. The district court denied the motion, holding that Armstrong did not meet the federal standards for intervention of right. We AFFIRM.

I. BACKGROUND

The proceedings leading up to, and concomitant with, this legal malpractice...

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