Unpublished Dispositiondana Corporation, Plaintiff/appellee, v. American Precision Company, (division of Avnet, Inc.);century Clutch and Brake Supply, Inc.; Centuryparts, Inc. and Illinois Auto Truck Co.,inc., Defendants-appellees.andautomotive Parts Rebuilders Association, Appellant, 829 F.2d 43 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 829 F.2d 43 (Fed. Cir. 1987) Aug. 28, 1987

N.D. Ill., 618 F. Supp. 288

AFFIRMED.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and EDWARD S. SMITH, Circuit Judge.

MARKEY, Chief Judge.


DECISION

The order of the United States District Court for the Northern District of Illinois, denying Automotive Parts Rebuilders Association's (APRA) motion to intervene in Dana Corp. v. American Precision Co., 618 F. Supp. 288 (N.D. Ill. 1985), is affirmed.

OPINION

APRA has failed to demonstrate that the district court abused its discretion in denying its motion to intervene. No plausible basis for intervening as a matter of right under Fed. R. Civ. P. 24(a) has been shown. If APRA has any interest in the main action, it has not established that any such interest is not being adequately represented by existing parties.

Nor has a plausible basis for permissively intervening under Fed. R. Civ. P. 24(b) been shown. The record does not indicate that Dana has ever charged APRA with infringing any of the patents involved, and APRA has shown no claim or defense which could be common in law or fact with one in the main action.

We deny Dana's request that we impose sanctions under Fed. R. App. P. 38 on APRA for filing this appeal.* 

 *

We reject Dana's contention that our affirmance, concurrently herewith, of the district court's judgment in Appeal No. 87-1095 would render the present appeal moot. There exists the possibility of Supreme Court review of our decision in that case