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236 US 210 Evens Howard Fire Brick Company v. United States

236 U.S. 210

35 S.Ct. 415

59 L.Ed. 542

EVENS & HOWARD FIRE BRICK COMPANY and Union Sand & Material Company, Appts.,
v.
UNITED STATES.

No. 567.

Argued October 20, 1914.

Decided February 23, 1915.

Messrs. George M. Block and John F. Lee for appellants.

Mr. Edward C. Crow, Special Assistant to the Attorney General, for appellee.

Mr. Chief Justice White delivered the opinion of the court:

1

This appeal was taken from the order of the court refusing to allow an intervention on the ground that there was no jurisdiction to do so because, as the result of a previous final decree and an appeal taken therefrom by the United States, the authority of the court over the subject-matter was ended. In effect the relief which was sought to be accomplished by the intervention below has been obtained as the result of an original petition for intervention here and our action this day taken thereon. As those applying to intervene were not parties to the record, we are of opinion that the court below had no power to allow them to intervene under the circumstances which existed, and its judgment refusing their application was therefore right, and is affirmed.