Flynn v. Hubbard

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Flynn v. Hubbard by United States Court of Appeals for the First Circuit
Syllabus
Court Documents
Opinion of the Court

782 F.2d 1084

Michael J. FLYNN, Plaintiff, Appellee

v.

Lafayette Ronald HUBBARD a/k/a L. Ron Hubbard, Defendant, Appellee.

CHURCH OF SCIENTOLOGY OF CALIFORNIA, INC., Appeal of
Michael J. FLYNN, Plaintiff, Appellee,
v.
Lafayette Ronald HUBBARD a/k/a L. Ron Hubbard, Defendant, Appellee.
Mary Sue HUBBARD, Appeal of

No. 85-1397, 85-1398

United States Court of Appeals,
First Circuit.


Argued Oct. 7, 1985.

Decided Feb. 7, 1986.



Intervention by joint tort-feasors was sought in tort action in which sole defendant had chosen not to appear. The United States District Court for the District of Massachusetts, John J. McNaught, J., denied intervention, and joint tort-feasors appealed. The Court of Appeals, Bownes, Circuit Judge, held that: (1) there could be no intervention as of right by joint tort-feasors until and unless sole defendant appeared, and (2) refusal to permit permissive intervention by joint tort-feasors was not abuse of discretion. Affirmed.
Coffin, Circuit Judge, filed concurring opinion.


Leonard B. Boudin, New York City with whom Eric M. Lieberman, Edward Copeland, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, Roger Geller and Geller & Weinberg, Boston, Mass., were on brief for appellant Church of Scientology of California, Inc. Michael Lee Hertzberg, New York City with whom Roger Geller, and Geller & Weinberg, Boston, Mass., were on brief for appellant Mary Sue Hubbard.
Michael A. Tabb, Boston, Mass., with whom Flynn & Joyce, David M. Bansah, and Hollingsworth & Associates, Boston, Mass., were on brief for appellee.

Before COFFIN, Circuit Judge, TIMBERS, [FN*] Senior Circuit Judge, and BOWNES, Circuit Judge.

FN* Of the Second Circuit, sitting by designation.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).


See also[edit]