United States First Circuit

In a dispute over construction work performed at a power plant, an order of the district court commanding the deposit of funds into the court's registry is vacated and remanded with instructions to reconsider motions for intervention and transfer where: 1) the transfer of the funds to a different court in a different district was error; 2) the error was not harmless; and 3) the order was internally inconsistent.

Appellate Information

• Decided 04/18/2007
• Published 04/19/2007

Judges

• SELYA, Senior Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul G. Schepers, with whom Gregory S. Gerstner, John P. Lynch, and Seigfreid, Bingham, Levy, Selzer & Gee, P.C. were on brief, for appellant., Robert C. Niesley, with whom Donna R. Tobar and Watt, Tieder, Hoffar & Fitzgerald, L.L.P. were on brief, for provisional intervenor.


• For Appellees:
  
• José A. Axtmayer, with whom G. William Quatman, William E. Quirk, and Shughart Thomson & Kilroy, P.C. were on brief, for appellees.