U.S. Court of Appeals for the Fifth Circuit, 1981

Non Commissioned Officers Association of the United States of America v. Army Times Publishing Company v. Joseph M. Belth, Intervenor-Appellant

Non Commissioned Officers Association of the United States of America v. Army Times Publishing Company v. Joseph M. Belth, Intervenor-Appellant
U.S. Court of Appeals for the Fifth Circuit · Decided July 7, 1981 · Brown, Garza, Per Curiam, Schwartz
650 F.2d 83; 31 Fed. R. Serv. 2d 1524; 1981 U.S. App. LEXIS 11673 (Federal Reporter, Second Series)

Non Commissioned Officers Association of the United States of America v. Army Times Publishing Company v. Joseph M. Belth, Intervenor-Appellant

Opinion

PER CURIAM:

The opinion, Non Commissioned Officers Association v. Army Times Publishing Co., 637 F.2d 372 (5th Cir. 1981), on the summary calendar having been withdrawn on the request of a member of the panel, the case has been orally argued. Upon that argument the Court determines that the District Court was not in error in declining intervention. We therefore reinstate the opinion with this modification of the opening paragraph:

“Appellant, Joseph M. Belth, appeals the denial of a motion to intervene filed pursuant to F.R.Civ.P. 24. Belth is an insurance professor and current editor of The Insurance Forum. The Army Times (published by Army Times Publishing Co.) is a publication that had at one time carried several articles criticizing the type of insurance policies offered to members of the Non Commissioned Officers Association.”

We also point out that Airlines, Inc. v. McDonald, 432 U.S. 385, 97 S.Ct. 2464, 53 L.Ed.2d 423 (1977); Martindale v. ITT, 594 *84 F.2d 291 (2d Cir. 1979); Olympic Refining Co. v. Carter, 332 F.2d 260 (9th Cir. 1963), do not compel a different result.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.