United States Ninth Circuit
Freedom from Religion Foundation, Inc. v. Rodgers, 09-17753
In a 42 U.S.C. Section 1983 dispute involving the standing of a tax exempt claimant to intervene in a challenge to an unrelated action on the constitutionality of claimed exemptions, IRC sections 107 and 265(a)(6), judgment of the district court denying intervention is affirmed in part and vacated in part because motion to intervene as a matter of right is thwarted by the presumption of adequate representation, where the district court erred in apply an incorrect rule on the issue of permissive intervention.
Appellate Information
- Decided 05/09/2011
- Published 05/09/2011
Judges
- O’SCANNLAIN
Court
- United States Ninth Circuit