Civil Procedure Keyed to Friedenthal
Smuck v. Hobson
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In a related case, Hobson v. Hansen, 269 F.Supp. 401 (D.D.C. 1967), a class action was brought on behalf of poor African American children. In Hansen, the District Court found that the class members were being denied equal educational opportunities from the District of Columbia school system. The defendant, the Board of Education, voted not to appeal, and ordered Hansen, the superintendent, not to appeal. Hansen and another dissenting board member, Smuck, appealed and motions to intervene were filed by Dr. Hansen and twenty parents stating their dissent from the District Court’s opinion. The District Court granted the motions to intervene even though none of them could show a substantial interest to be protected only through intervention so that the Court of Appeals could not decide on the issue of intervention and decide the appeal on the merits.
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