Opinion
No. 80-1907.
July 7, 1981.
John C. Sims, Washington, D.C., for intervenor-appellant.
Michael S. Horne, Washington, D.C., for defendant-appellee.
Appeal from the United States District Court for the Western District of Texas; Fred Shannon, Judge.
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Officers Association v. Army Times Publishing Co., 637 F.2d 372 (5th Cir. 1981), on the summary calendar having been withdrawn on the request of a member of the panel, the case has been orally argued.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 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.