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KARSNER v. LOTHIAN

No. 07-7080.

532 F.3d 876 (2008)

Joseph R. KARSNER, IV, Appellee v. Pamela LOTHIAN and The National Association of Securities Dealers, Inc., Appellees. Melanie Senter Lubin, Maryland Securities Commissioner, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2008.

Attorney(s) appearing for the Case

John B. Howard, Jr., Deputy Attorney General, Office of the Attorney General for the State of Maryland, argued the cause for the appellant. Douglas F. Gansler, Attorney General for the State of Maryland, and Kelvin M. Blake, Assistant Attorney General, were on brief.

Charles T. Mason, III was on brief for amicus curiae Public Investors Arbitration Bar Association.

Rex A. Staples was on brief for amicus curiae North American Securities Administrators Association, Inc. Terri L. Reicher entered an appearance.

George S. Mahaffey, Jr. argued the cause for appellee Joseph R. Karsner, IV. Richard J. Magid was on brief.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge.

Melanie Lubin, the Maryland Securities Commissioner (Commissioner), appeals the district court's denial of her motion to intervene as of right in an arbitration confirmation proceeding. See Karsner v. Lothian, No. 07cv334 (D.D.C. Apr. 9, 2007) (minute order). In the underlying arbitration, the panel had recommended — pursuant to a settlement agreement—that a customer...

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