Unpublished Disposition, 935 F.2d 273 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 273 (9th Cir. 1991)

No. 90-15455.

United States Court of Appeals, Ninth Circuit.

Before SCHROEDER and FARRIS, Circuit Judges, and DUMBAULD,*  Senior District Judge.

MEMORANDUM** 

To intervene as a matter of right under Federal Rule of Civil Procedure Rule 24(a):

(1) the applicant's motion must be timely;

(2) the applicant must assert an interest relating to the property or transaction which is the subject of the action;

(3) the applicant must be so situated that without intervention the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest; and

(4) the applicant's interest must be inadequately represented by the other parties.

Sagebrush Rebellion, Inc. v. Watt, 713 F.2d 525, 527 (9th Cir. 1983). We have carefully reviewed the record and have independently considered the necessary factors. See Petrol Stops Northwest v. Continental Oil Co., 647 F.2d 1005, 1009 (9th Cir.), cert. denied, 454 U.S. 1098 (1981); see also United States v. State of Oregon, 913 F.2d 576, 589 (9th Cir. 1990). The application was not timely. The trial court did not err in denying intervention as a matter of right.

AFFIRMED.

 *

Honorable Edward Dumbauld, Senior United States District Judge for the Western District of Pennsylvania, sitting by designation

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit rule 36-3