United States First Circuit

Appeal of denial of motion to intervene is reversed and remanded, and a preliminary injunction vacated, where the moving party met the requirements for intervention but would destroy complete diversity, and thus the district court must decide how best to proceed under the indispensable party analysis of FRCP 19(b).

Appellate Information

• Decided 03/17/2006
• Published 03/17/2006

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ricardo F. Casellas, with whom Fiddler González & Rodríguez, P.S.C., was on brief for appellant, Kellogg Caribbean Services Co., Inc., Luis A. Oliver, with whom Fiddler González & Rodríguez, P.S.C., were on brief, for appellant and Kellogg USA, Inc.


• For Appellees:
  
• Alfredo Fernández Martínez, with whom Delgado & Fernández, LLP, Ramón L. Walker Merino and Walker Merino Law Office, were on brief, for appellees, B. Fernandez & Hnos., Inc. and Caribbean Warehouse Logistics, Inc.