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Case |
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Date: Filed /
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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
| ADARAND CONSTRUCTORS, INC., a
Colorado corporation,
Plaintiff - Appellee, |
No. 97-1285
|
| v. |
(D. Colorado)
|
| ROY ROMER, Governor of the State of
Colorado; GUILLERMO VIDAL, Director
of the Department of Transportation;
COLORADO DEPARTMENT OF
TRANSPORTATION; THE STATE OF
COLORADO,
Defendants,
UNITED STATES OF AMERICA, and U.S.
DEPARTMENT OF TRANSPORTATION,
Applicants in Intervention -
Appellants. |
(D.C. No. 97-K-1351)
|
ORDER AND JUDGMENT(*)
Before ANDERSON, McKAY, and HENRY, Circuit
Judges.
The United States and the United States Department of Transportation
(hereinafter the "Federal Appellants") appeal the district court's denial of their
motion to intervene in this case, raising multiple grounds and arguments in
support of intervention. In the district court, Adarand Constructors, Inc., opposed
intervention. However, during the pendency of this appeal, Adarand has advised
the court that it no longer opposes intervention by the Federal Appellants and, in
fact, thinks that intervention is necessary. Accordingly, we conclude that the
Federal Appellants should be permitted to intervene in this case and we
REMAND this case to the district court with instructions to permit intervention,
and thereafter to consider further the issue of mootness.
ENTERED FOR THE COURT
PER CURIAM
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*.This order and judgment is not binding
precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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