Athens Lumber Co., Inc. v. Fed. Election Comm'n, 690 F.2d 1364 (Fed. Cir. 1982). · Go Syfert
Athens Lumber Co., Inc. v. Fed. Election Comm'n, 690 F.2d 1364 (Fed. Cir. 1982). Cases Citing This Book View Copy Cite
141 citation events (63 in the last 25 years) across 20 distinct courts.
Strongest positive: Little River Transport, LLC v. Oink Oink, LLC (flsd, 2023-04-13)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Little River Transport, LLC v. Oink Oink, LLC
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
our requirements must be met before an applicant may be entitled to intervention of right
discussed Cited as authority (verbatim quote) Mobile Nursing Operations, LLC v. Kopelowitz
S.D. Ala. · 2023 · quote attribution · 1 verbatim quote · confidence high
our requirements must be met before an applicant may be entitled to intervention of right
examined Cited as authority (rule) Elena Shchegoleva (3×) also: Cited "see"
S.D. Fla. · 2026 · confidence medium
Applicant cites to the Eleventh Circuit standard on intervention, requiring the party seeking intervention to show that: “(1) his application to intervene is timely; (2) he has an interest relating to the property or transaction which is the subject of the action; (3) he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest; and (4) his interest is represented inadequately by the existing parties to the suit.” Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989) (citing Athens Lumber Co., Inc. v. Federal Electi…
cited Cited as authority (rule) David P. Wilson v. John Q. Hamm, Commissioner, Alabama Department of Corrections
M.D. Ala. · 2025 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982), or that the disposition of this action may impede or impair his ability to protect his interest, Tech.
cited Cited as authority (rule) New Georgia Project v. Raffensperger
N.D. Ga. · 2024 · confidence medium
Election Comm’n, 690 F.2d 1364, 1367 (11th Cir. 1982).
discussed Cited as authority (rule) Doe v. NORWEGIAN CRUISE LINES, LTD (2×)
S.D. Fla. · 2024 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citing Fed.
cited Cited as authority (rule) In Re : Martinez and MSR Media SKN LTD.
S.D. Fla. · 2024 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citing FED.
cited Cited as authority (rule) Xcoal Energy & Resources v. Acciaierie D'Italia S.P.A.
S.D. Ala. · 2024 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citations, internal citations, and internal quotation marks omitted).
cited Cited as authority (rule) American Alliance for Equal Rights v. Ivey
M.D. Ala. · 2024 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982).
cited Cited as authority (rule) RINALDI ENTERPRISES OF FLORIDA, LLC v. UNITED STATES FIRE INSURANCE COMPANY
S.D. Fla. · 2023 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citing Fed. 4 R.
discussed Cited as authority (rule) Amerisure Mutual Insurance Company v. Reeves Young, LLC
N.D. Ga. · 2023 · confidence medium
Common Question of Law or Fact The Court may permit intervention “when an applicant’s claim or defense and the main action have a question of law or fact in common.” Athens Lumber Co. v. FEC, 690 F.2d 1364, 1367 (11th Cir. 1982) (quoting Fed.
cited Cited as authority (rule) Securities and Exchange Commission v. BKCoin Management, LLC
S.D. Fla. · 2023 · confidence medium
Election Com., 690 F.2d 1364, 1366 (11th Cir. 1982)).
cited Cited as authority (rule) Owners Insurance Company v. Hawkins
N.D. Ga. · 2023 · confidence medium
Co. v. FEC, 690 F.2d 1364, 1367 (11th Cir. 1982) (quoting Fed.
cited Cited as authority (rule) MUNICIPAL COMMUNICATIONS III LLC v. COLUMBUS, GEORGIA
M.D. Ga. · 2022 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982)).
discussed Cited as authority (rule) Dillworth v. Mahecha Diaz
Bankr. S.D. Florida · 2022 · confidence medium
To determine the timeliness of an intervention motion, the Eleventh Circuit requires courts to consider four additional factors: (1) the length of time during which the would-be intervenor knew or reasonably should have known of his interest in the case before he petitioned for leave to intervene; (2) the extent of prejudice to the existing parties as a result of the would-be intervenor’s failure to apply as soon as he knew or reasonably should have known of his interest; 44 ManaSota-88, Inc. v. Tidwell, 896 F.2d 1318, 1321 (11th Cir. 1990) (citing Athens Lumber Co., Inc. v. Federal Election…
cited Cited as authority (rule) United States v. The State of Georgia
N.D. Ga. · 2022 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citation omitted).
cited Cited as authority (rule) Tursom v. United States
S.D. Fla. · 2021 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982)).
discussed Cited as authority (rule) Waseem Daker v. Rick Jacobs
11th Cir. · 2020 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (holding that a business did not have a particularized interest in a fellow business’ litigation with the FEC where the business’ “interest is shared with all unions and all citizens concerned about the ramifications” of the lawsuit).
cited Cited as authority (rule) Waseem Daker v. Brian Owens
11th Cir. · 2020 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (footnote omitted); see also Fed.
discussed Cited as authority (rule) Waseem Daker v. Warden Gregory McLaughlin
11th Cir. · 2020 · confidence medium
Under Rule 24(a)(2), a person may intervene as a matter of right if he claims “an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, unless existing parties adequately 2 Case: 17-14158 Date Filed: 04/02/2020 Page: 3 of 3 represent that interest.” See Athens Lumber Co. v. F.E.C., 690 F.2d 1364, 1366 (11th Cir. 1982).
discussed Cited as authority (rule) Catano v. Capuano
S.D. Fla. · 2020 · confidence medium
To intervene of right under Rule 24(a)(2), a party must establish that “(1) his application to intervene is timely; (2) he has an interest relating to the property or transaction which is the subject of the action; (3) he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest; and (4) his interest is represented inadequately by the existing parties to the suit.” Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989) (citing Athens Lumber Co. v. FEC, 690 F.2d 1364, 1366 (11th Cir. 1982)).
discussed Cited as authority (rule) Brenner v. Scott
N.D. Fla. · 2014 · confidence medium
See Howard v. McLucas, 782 F.2d 956, 959 (11th Cir.1986) (using standing cases to determine that intervenors with only generalized grievance could not intervene); Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982) (citing standing cases to determine that interve-nor’s claimed interest that unions would be financially overwhelmed in federal elections too generalized to support claim for intervention of right).
cited Cited as authority (rule) Government of the United States Virgin Islands v. Commissioner of IRS
11th Cir. · 2014 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir.1982) (citations omitted).
cited Cited as authority (rule) Government of the United States Virgin Islands v. Commissioner of IRS
11th Cir. · 2014 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982) (citations omitted).
discussed Cited as authority (rule) Boca Raton Community Hospital, Inc. v. Tenet Healthcare Corp.
S.D. Fla. · 2010 · confidence medium
In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.’ ” ManaSota-88, Inc. v. Tidwell, 896 F.2d 1318, 1323 (11th Cir.1990) (quoting Athens Lumber Co., Inc. v. F.E.C., 690 F.2d 1364, 1367 (11th Cir.1982)). “‘If there is no right to intervene under Rule 24(a), it is wholly discretionary with the court whether to allow intervention under Rule 24(b) and even though there is a common question of law or fact, or the requirements of Rule 24(b) are otherwise satisfied, the court may …
cited Cited as authority (rule) Coalition to Defend Affirmative Action v. Regents of the University of Michigan
E.D. Mich. · 2008 · confidence medium
Comm’n, 690 F.2d 1364, 1366 (11th Cir.1982)).
cited Cited as authority (rule) Providence Baptist v. Euclid
6th Cir. · 2005 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir. 1982).
cited Cited as authority (rule) Providence Baptist Church, City of Euclid v. Hillandale Committee, Ltd., Intervenor-Appellant
6th Cir. · 2005 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir.1982).
cited Cited as authority (rule) Acceptance Indemnity Insurance v. Southeastern Forge, Inc.
M.D. Ga. · 2002 · confidence medium
Election Comm’n, 690 F.2d 1364, 1366 (11th Cir.1982).
discussed Cited as authority (rule) United States v. City of Miami (2×)
11th Cir. · 2002 · confidence medium
Athens Lumber, 690 F.2d at 1366-67.
cited Cited as authority (rule) Michigan State Afl-Cio v. Miller
6th Cir. · 1997 · confidence medium
Id. at 1366.
cited Cited as authority (rule) Michigan State v. Miller
6th Cir. · 1997 · confidence medium
Id. at 1366.
discussed Cited as authority (rule) Midwest Employers Casualty Co. v. East Alabama Health Care
M.D. Ala. · 1996 · confidence medium
The interest must be one that is “direct, substantial, [and] legally protectable” and the puta tive intervenor “must be ‘at least a real party in interest in the transaction which is the subject of the proceeding.’” ManaSota-88, 896 F.2d at 1321 (citing Athens Lumber Co., Inc. v. Federal Election Com’n, 690 F.2d 1364, 1366 (11th Cir.1982)).
cited Cited as authority (rule) Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.
M.D. Ga. · 1996 · confidence medium
Athens Lumber, 690 F.2d at 1366.
discussed Cited as authority (rule) Chalk Line Manufacturing, Inc. v. Frontenac Venture v Ltd. Partnership (In Re Chalk Line Manufacturing, Inc.)
Bankr. N.D. Ala. · 1995 · confidence medium
Gleason v. Commonwealth Continental Health Care (In re Golden Glades Regional Medical Center, Ltd.), 147 B.R. 813, 816 (Bankr.S.D.Fla.1992) (citing Athens Lumber Co. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982).
cited Cited as authority (rule) Gleason v. Commonwealth Continental Health Care (In Re Golden Glades Regional Medical Center, Ltd.)
Bankr. S.D. Florida · 1992 · confidence medium
Athens Lumber Co. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982).
cited Cited as authority (rule) Arizona v. Motorola, Inc.
D. Ariz. · 1991 · confidence medium
Election Comm., 690 F.2d 1364, 1366 (11th Cir.1982)).
examined Cited as authority (rule) Resort Timeshare Resales, Inc. v. Stuart (4×) also: Cited "see"
S.D. Fla. · 1991 · confidence medium
Lobbyist ARRDA, as a lobbyist, “claims an interest relating to the constitutionality of the statute which is the subject of this action.” Motion at 5. 4 “Intervention of right must be supported by [a] ‘direct, substantial, legally protectable interest in the proceeding.’ In essence, the intervenor must be at least a real party in interest in the transaction which is the subject of the proceeding.” Athens Lumber Co., Inc. v. Federal Election Comm’n, 690 F.2d 1364, 1366 (11th Cir.1982), citing Donaldson v. United States, 400 U.S. 517, 531 , 91 S.Ct. 534, 542 , 27 L.Ed.2d 580 (1971)…
discussed Cited as authority (rule) Manasota-88, Inc. v. Tidwell (2×)
11th Cir. · 1990 · confidence medium
Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982).
discussed Cited as authority (rule) Manasota-88, Inc. v. Tidwell (2×)
11th Cir. · 1990 · confidence medium
Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982). 9 The timeliness of FCG's application is not at issue.
discussed Cited as authority (rule) United States v. Napper
11th Cir. · 1989 · confidence medium
A party seeking to intervene in an action "must demonstrate a 'direct, substantial, legally protectable interest in the proceeding' before that party will be granted intervenor status." Howard v. McLucas, 871 F.2d 1000, 1004 (11th Cir.1989) (citing Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982)).
discussed Cited as authority (rule) United States v. Napper
11th Cir. · 1989 · confidence medium
A party seeking to intervene in an action “must demonstrate a ‘direct, substantial, legally protectable interest in the proceeding’ before that party will be granted intervenor status.” Howard v. McLucas, 871 F.2d 1000, 1004 (11th Cir.1989) (citing Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982)).
cited Cited as authority (rule) Summit Ridge Apartments, Ltd. v. Summit Ridge Associates (In Re Summit Ridge Apartments, Ltd.)
Bankr. N.D. Ala. · 1989 · confidence medium
Athens Lumber Co. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982) (footnotes and related authorities omitted).
examined Cited as authority (rule) Lawton Chiles, Jr., Bob Martinez, Metropolitan Dade County, Intervenors-Appellants v. Richard Thornburgh, Attorney General of the United States (3×) also: Cited "see"
11th Cir. · 1989 · confidence medium
See Howard v. McLucas, 782 F.2d 956, 959 (11th Cir.1986) (using standing cases to determine that inter- *1213 venors with only generalized grievance could not intervene); Athens Lumber Co., Inc. v. Federal Election Commission, 690 F.2d 1364, 1366 (11th Cir.1982) (citing standing cases to determine that inter-venor’s claimed interest that unions would be financially overwhelmed in federal elections too generalized to support claim for intervention of right).
cited Cited as authority (rule) Morgan v. Sears, Roebuck & Co.
N.D. Ga. · 1988 · confidence medium
Athens Lumber Co., Inc. v. Federal Election Comm., 690 F.2d 1364, 1366 (11th Cir.1982).
discussed Cited as authority (rule) New Orleans Public Service, Inc. v. United Gas Pipe Line Co. (2×) also: Cited "see, e.g."
5th Cir. · 1984 · confidence medium
See Westlands Water Dist. v. United States, 700 F.2d 561 , 563 (9th Cir.1983) (“... this interest is not a legally protectable interest that can support EDF’s intervention as a party in a suit involving rights under contracts to which it is not a party.”); Dilks v. Aloha Airlines, Inc., 642 F.2d 1155, 1157 (9th Cir.1981) (per curiam) (“direct, non-contingent, substantial and legally protectable” interest); Heyman v. Exchange National Bank of Chicago, 615 F.2d 1190, 1193 (7th Cir.1980) (“ ‘direct, substantial, [and] legally protectable’ ” interest); Wade v. Gold schmidt, 673 F…
discussed Cited as authority (rule) New Orleans Public Service, Inc. v. United Gas Pipe Line Company (2×) also: Cited "see, e.g."
5th Cir. · 1984 · confidence medium
See Westlands Water Dist. v. United States, 700 F.2d 561 , 563 (9th Cir.1983) ("... this interest is not a legally protectable interest that can support EDF's intervention as a party in a suit involving rights under contracts to which it is not a party."); Dilks v. Aloha Airlines, Inc., 642 F.2d 1155, 1157 (9th Cir.1981) (per curiam) ("direct, non-contingent, substantial and legally protectable" interest); Heyman v. Exchange National Bank of Chicago, 615 F.2d 1190, 1193 (7th Cir.1980) (" 'direct, substantial, [and] legally protectable' " interest); Wade v. Goldschmidt, 73 F.2d 182, 185 (7th Ci…
discussed Cited "see" Federal Savings & Loan Insurance v. Falls Chase Special Taxing District
11th Cir. · 1993 · signal: see · confidence high
See Athens Lumber Co., Inc. v. Federal Election Comm ’n, 690 F.2d 1364, 1366 (11th Cir.1982), cert. denied, 465 U.S. 1092 , 104 S.Ct. 1580 , 80 L.Ed.2d 114 (1984); International Tank Terminals, Ltd. v. M/V Acadia Forest, 579 F.2d 964, 967 (5th Cir.1978).
discussed Cited "see" Federal Savings and Loan Insurance Corporation v. Falls Chase Special Taxing District
11th Cir. · 1993 · signal: see · confidence high
See Athens Lumber Co., Inc. v. Federal Election Comm'n, 690 F.2d 1364, 1366 (11th Cir.1982), cert. denied, 465 U.S. 1092 , 104 S.Ct. 1580 , 80 L.Ed.2d 114 (1984); International Tank Terminals, Ltd. v. M/V Acadia Forest, 579 F.2d 964, 967 (5th Cir.1978). 24 Essentially, the appellants possess two ultimate objectives in this case.
cited Cited "see" Worlds v. Department of Health & Rehabilitative Services
11th Cir. · 1991 · signal: see · confidence high
See Athens Lumber Co., 690 F.2d at 1367 (citing cases). . 7C C.
Retrieving the full opinion text from the archive…
Athens Lumber Company, Incorporated and John P. Bondurant, Plaintiffs
v.
Federal Election Commission and William F. Smith, Etc., and International Association of MacHinists and Aerospace Workers, Movants
82-8077.
Court of Appeals for the Federal Circuit.
Nov 8, 1982.
690 F.2d 1364
Cited by 28 opinions  |  Published
Pinpoint authority: bottom 55%

690 F.2d 1364

ATHENS LUMBER COMPANY, INCORPORATED and John P. Bondurant,
Plaintiffs- Appellees,
v.
FEDERAL ELECTION COMMISSION and William F. Smith, etc.,
Defendants-Appellees,
and
International Association of Machinists and Aerospace
Workers, et al., Movants- Appellants.

No. 82-8077

Non-Argument Calendar.

United States Court of Appeals,
Eleventh Circuit.

Nov. 8, 1982.

Rauh, Silard & Lichtman, Joseph L. Rauh, Jr., Washington, D. C., for movants-appellants.

Emmet J. Bondurant, II, Trotter, Bondurant, Miller & Hishon, Atlanta, Ga., for Athens Lumber Co. & JP Bondurant.

Charles N. Steele, Gen. Counsel, Richard B. Bader, Asst. Gen. Counsel, Carolyn U. Oliphant, Sp. Asst. Gen. Counsel, Jeffrey H. Bowman, Atty., for Federal Election Commission; Craig Donsanto, Director, Election Crimes Branch, Public Integrity Section, Criminal Division, U. S. Dept. of Justice, Washington, D. C., Bernard E. Namie, Asst. U. S. Atty., Macon, Ga., for Smith.

Appeal from the United States District Court for the Middle District of Georgia.

Before HILL, KRAVITCH and HENDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

[*~1364]1

Appellants, International Association of Machinists and Aerospace Workers (IAM) and its president William Winpisinger, applied to intervene as party defendants in Athens Lumber Co. v. F.E.C., 689 F.2d 1006 (11th Cir.). The district court denied the union's application for intervention, and we affirm.

2

In Athens Lumber Co. v. F.E.C., a corporation challenges the constitutionality of section 441b(a) of the Federal Elections Campaign Act (FECA). 2 U.S.C. § 441b(a). The case arose when the shareholders of Athens Lumber Co. unanimously passed a resolution authorizing the company's president to make political expenditures in violation of section 441b(a) FECA. The shareholders' authorization, however, was contingent upon the company's ability to secure a judicial declaration that section 441b(a) was unconstitutional or repeal of the provision. Athens thus filed a suit in district court seeking a declaratory judgment. IAM applied to intervene. The union, however, was denied the right to intervene, and the entire case subsequently was dismissed for lack of justiciability.

[*~1365]3

In a separate appeal,[1] Athens challenged the dismissal of its action. A panel of this court already has reviewed the corporation's claims and has reversed the district court's dismissal. However, rather than remanding the case back to the district court, the panel certified the constitutional issues raised to the United States Court of Appeals for the Eleventh Circuit sitting en banc. The panel's certification was pursuant to the expedited procedures embodied in section 437h of the FECA. 2 U.S.C. § 437h; see also FEC v. Lance, 617 F.2d 365 (5th Cir. 1980), submitted en banc, 635 F.2d 1132 (5th Cir.), cert. denied, 453 U.S. 917, 101 S.Ct. 3151, 69 L.Ed.2d 999 (1981).

4

In its appeal, IAM maintains that the district court improperly denied intervention. The union argues that it has an interest in the outcome of the case because it will lose significant political ground if restrictions on corporate political expenditures are lifted. In addition, IAM maintains that the FEC cannot adequately represent union interests in defending the constitutionality of the statute. As a public institution, IAM fears that the FEC lacks the incentive to represent vigorously what IAM perceives as a private interest. Thus, the union concludes that it meets the requirements for "intervention of right." See Fed.R.Civ.P. 24(a)(2). In the alternative, IAM contends that the elements for "permissive intervention" have been met so that the district court's denial of intervention constitutes an abuse of discretion. See Fed.R.Civ.P. 24(b).INTERVENTION OF RIGHT

[*1366]5

Four requirements must be met before an applicant may be entitled to intervention of right:

6

(1) The application must be timely;[2]

7

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

8

(3) the applicant must be so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest; and

9

(4) the applicant must demonstrate that his interest is represented inadequately by the existing parties to the suit. Fed.R.Civ.P. 24(a)(2); Howse v. S/V "Canada Goose I," 641 F.2d 317 (5th Cir. 1981). See generally 7A C. Wright & A. Miller, Federal Practice and Procedure §§ 1908-09 (1972 & 1982 Supp.).

10

The interest claimed by IAM is the danger that unions will be financially overwhelmed in federal elections. Although this claim represents a genuine concern, it fails to constitute an "interest" sufficient to support intervention of right. Intervention of right must be supported by "direct, substantial, legally protectible interest in the proceeding." Howse, supra, 641 F.2d at 320-21; Piambino v. Bailey, 610 F.2d 1306, 1321 (5th Cir. 1980); United States v. Perry County Board of Education, 567 F.2d 277, 279 (5th Cir. 1978); Diaz v. Southern Drilling Corp, 427 F.2d 1118, 1124 (5th Cir. 1970); see Donaldson v. United States, 400 U.S. 517, 531, 91 S.Ct. 534, 542, 27 L.Ed.2d 580 (1971) ("significantly protectable interest"). In essence, the intervenor must be at least a real party in interest in the transaction which is the subject of the proceeding. See Piambino, supra, 610 F.2d at 1321; United States v. 936.71 Acres of Land, 418 F.2d 551, 556 (5th Cir. 1969). IAM, however, is not a real party in interest in Athens Lumber Co. v. FEC. IAM has no interest in the possibility of enforcement proceedings against the corporation. Indeed, IAM has no relationship with Athens. The sole basis of its interest is general concern for the disproportionate corporate expenditures which may result if the FECA restrictions are lifted. IAM's alleged interest is shared with all unions and all citizens concerned about the ramifications of direct corporate expenditures. Because this interest is so generalized it will not support a claim for intervention of right. See Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982); Piedmont Heights Civic Club v. Moreland, 83 F.R.D. 153 (N.D.Ga.1979); United States v. ITT Corp., 349 F.Supp. 22 (D.Conn.1972), aff'd sub nom., Nader v. United States, 410 U.S. 919, 93 S.Ct. 1363, 35 L.Ed.2d 582 (1973).

11

But even if IAM were able to allege a sufficient interest in the proceedings, its claim for intervention of right also must fail because its interest is adequately represented by the FEC. The goal of the union is to uphold the constitutionality of section 441b(a) of the FECA. This is precisely the interest which has been vigorously presented by the FEC throughout these proceedings. Because both the union and the FEC have the same objective, we presume that the union's interest is adequately represented. International Tank Terminals Ltd. v. M/V Acadia Forrest, 579 F.2d 964, 967 (5th Cir. 1978); Associated Industries of Alabama, Inc. v. Train, 543 F.2d 1159 (5th Cir. 1976); Ordinance Container Corp. v. Sperry Rand Corp., 478 F.2d 844 (5th Cir. 1973).

12

Nevertheless, IAM urges that the Supreme Court's opinion in Trbovitch v. United Mineworkers, 404 U.S. 528, 92 S.Ct. 630, 30 L.Ed.2d 686 (1972), supports its position that a public agency charged with protecting the public interest cannot represent adequately private interests. In Trbovitch, the Court concluded that nothing in the language or history of the Labor-Management Reporting and Disclosure Act barred intervention by a union member in a post-election enforcement suit brought by the Secretary of Labor against a union. Thus, the union member who had filed the original complaint against the union was permitted to intervene. The Court reasoned, "Even if the Secretary is performing his duties, broadly conceived as well as can be expected, the union member may have a valid complaint about the performance of 'his lawyer.' " 404 U.S. at 539, 92 S.Ct. at 636.

13

Trbovitch, however, cannot be read to stand for a general proposition that a public agency is unable to represent adequately the individual interest of a member of the public. The union member, who was granted the right to intervene in Trbovitch, bore an especially close relationship to the case; he, in fact, had initiated the proceedings. Moreover, one of the reasons he sought to intervene was "to seek certain specific safeguards with respect to any new election which may be ordered." 404 U.S. at 530, 92 S.Ct. at 632. The Secretary of Labor sought only to set aside and conduct a new union election. Id. at 529, 92 S.Ct. at 632. Unlike the Secretary of Labor and the union member in Trbovitch, the IAM and the FEC, in the present case, both have precisely the same objective. Both wish to uphold the constitutionality of section 441b. Thus, appellants may not rely on Trbovitch to defeat the presumption that the FEC adequately represents the interests of IAM. To the contrary, the FEC has successfully defended the constitutionality of section 441b on numerous occasions.[3] Appellants, therefore, have not satisfied the requirements for intervention of right.

PERMISSIVE INTERVENTION

14

IAM also sought leave to intervene under the permissive intervention provisions of Rule 24. Under Rule 24(b)(2) a district court may permit intervention "when an applicant's claim or defense and the main action have a question of law or fact in common." The decision to allow permissive intervention, however, lies within the discretion of the district court. Brotherhood of R.R. Trainmen v. Baltimore & Ohio R.R., 331 U.S. 519, 524, 67 S.Ct. 1387, 1389, 91 L.Ed. 1646 (1947); Cisneros v. Corpus Christi Independent School District, 560 F.2d 190, 191 (5th Cir. 1977); United States v. Allegheny-Ludlum Industries, Inc., 517 F.2d 826, 841 (5th Cir. 1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1684, 48 L.Ed.2d 187 (1976). It also is a decision which may be reviewed only for a clear abuse of discretion. Korioth v. Briscoe, 523 F.2d 1271, 1278 n.24 (5th Cir. 1975) (citing Allen Calculators, Inc. v. National Cash Register Co., 322 U.S. 137, 142, 64 S.Ct. 905, 908, 88 L.Ed. 1188 (1944)).

15

Upon review of the district court's dismissal, we find no such abuse. This action was brought by Athens under section 437h of the FECA, a provision designed to expedite constitutional challenges to the Act. 2 U.S.C. § 437h; see also 120 Cong.Rec. 10562 (1974) (remarks of Sen. Buckley); 120 Cong.Rec. 35140 (1974) (remarks of Rep. Frenzel). Because the introduction of additional parties inevitably delays proceedings, see Crosby Steam Gauge & Valve Co. v. Manning, Maxwell & Moore, 51 F.Supp. 972, 973 (D.Mass.1943), and in light of the remoteness and the general nature of IAM's claims, we cannot say that the district court abused its discretion in denying intervention.

CONCLUSION

16

In dismissing IAM's application for intervention, we intimate no opinion as to the validity of the issues raised by the union. If IAM believes it can contribute to these proceedings, then the proper course of action may be to file a motion for leave to file an amicus brief. Because the district court, however, did not err or abuse its discretion in denying intervention, we

[*~1367]17

AFFIRM.

1

IAM's motion to consolidate its appeal with the appeal of Athens Lumber Co. was denied

2

The timeliness of IAM's application to intervene is not disputed

3

See, e.g., California Medical Association v. FEC, 453 U.S. 182, 101 S.Ct. 2712, 69 L.Ed.2d 567 (1981); Bread Political Action Committee v. FEC, 635 F.2d 621 (7th Cir. 1980) (en banc), rev'd. on juris. grounds, 455 U.S. 577, 102 S.Ct. 1235, 71 L.Ed.2d 432 (1982); FEC v. Lance, 635 F.2d 1132 (5th Cir.) (en banc), cert. denied, 453 U.S. 917, 101 S.Ct. 3151, 69 L.Ed.2d 999 (1981); FEC v. National Education Association, 457 F.Supp. 1102 (D.D.C.1978); FEC v. Weinsten, 462 F.Supp. 243 (S.D.N.Y.1978)