Corby Rec., Inc. v. The Gen. Elec. Co., a Foreign Corp. v. W. Realty Co., Inc., 581 F.2d 175 (8th Cir. 1978). · Go Syfert
Corby Rec., Inc. v. The Gen. Elec. Co., a Foreign Corp. v. W. Realty Co., Inc., 581 F.2d 175 (8th Cir. 1978). Cases Citing This Book View Copy Cite
34 citation events (10 in the last 25 years) across 12 distinct courts.
Strongest positive: Hrh Services LLC. v. Travelers Indemnity Company (dcd, 2024-11-06)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Hrh Services LLC. v. Travelers Indemnity Company
D.D.C. · 2024 · confidence medium
Co., 581 F.2d 175, 177 (8th Cir. 1978) (approving intervention because movant demonstrated impairment 10 CooperPriest does not contend that a ruling for Travelers—a ruling that no insurance proceeds are owed— would constitute an injury.
discussed Cited as authority (rule) Henderson v. Black & Decker (U.S.), Inc.
E.D. Mo. · 2021 · confidence medium
Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir. 1978), see also Turn Key Gaming, Inc. v. Oglala Sioux Tribe, 164 F.3d 1080, 1081 (8th Cir. 1999) (“Rule 24 is to be construed liberally, and doubts resolved in favor of the proposed intervenor.”).
discussed Cited as authority (rule) In Re the Adoption of a Child Known as D.M. (2×)
S.D. · 2006 · confidence medium
Energy Consumers v. Middle S. Energy, Inc., 772 F.2d 401, 404 (8th Cir.1985) (Rule 24 is to be liberally construed); Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir.1978) (doubts should be resolved in favor of proposed intervenor); Kozak v. Wells, 278 F.2d 104, 111-12 (8th Cir.1960) (Rule 24 is to be liberally construed).
discussed Cited as authority (rule) United States v. Union Electric Co.
8th Cir. · 1995 · confidence medium
Energy Consumers v. Middle S. Energy, Inc., 772 F.2d 401, 404 (8th Cir.1985) (Rule 24 is to be liberally construed); Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir.1978) (doubts should be resolved in favor of proposed intervenor); Kozak v. Wells, 278 F.2d 104, 111-12 (8th Cir.1960) (Rule 24 is to be liberally construed).
discussed Cited as authority (rule) United States v. Union Electric Co.
8th Cir. · 1995 · confidence medium
Energy Consumers v. Middle S. Energy, Inc., 772 F.2d 401, 404 (8th Cir.1985) (Rule 24 is to be liberally construed); Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir.1978) (doubts should be resolved in favor of proposed intervenor); Kozak v. Wells, 278 F.2d 104, 111-12 (8th Cir.1960) (Rule 24 is to be liberally construed).
discussed Cited as authority (rule) Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc., a Kansas Corporation Ronald Reimer, an Individual Kenneth H. Koger, an Individual Clifford W. Shinski, an Individual Brent Messick, an Individual Robert Crew, an Individual Frank Morgan, an Individual Sherman Dreiseszun, an Individual Leland Gerhart, an Individual I.I. Ozar, an Individual Raymond Gifford, an Individual Harry S. Jonas, an Individual Ralph E. Kiene, an Individual Randall M. Nay, an Individual Frank Sebree, an Individual Tony Salazar, an Individual Philip Pistilli, an Individual Michael K. Russell, an Individual Gage & Tucker, a Law Partnership Peat, Marwick, Mitchell & Co., an Accountancy Firm Kpmg Peat Marwick, an Accountancy Firm Robert Spence, an Individual, Frank Morgan Sherman Dreiseszun Leland Gerhart I.I. Ozar Raymond Gifford Ralph E. Kiene Randall M. Nay Tony Salazar Philip Pistilli, Third-Party v. Resolution Trust Corporation, Third-Party Shook, Hardy & Bacon Intervenor, Blackwell Sanders Matheny Weary & Lombardi, L.C., Proposed Intervenor-Appellant
3rd Cir. · 1995 · confidence medium
Co., 581 F.2d 175, 176-77 (8th Cir.1978) (per curiam) (stating that "it must appear that [the applicant's] interest will be impaired by the disposition of the suit;" reversing district court's denial of motion to intervene as of right where the applicant "could well be disadvantaged" by the stare decisis effect of the result of the litigation). 11 The district court's use of the words "would" and "will be" demonstrates a standard that conflicts not only with the language of the Rule, but with numerous holdings of this court.
discussed Cited as authority (rule) Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc.
8th Cir. · 1995 · confidence medium
Co., 581 F.2d 175, 176-77 (8th Cir.1978) (per curiam) (stating that “it must appear that [the applicant’s] interest will be impaired by the disposition of the suit;” reversing district court’s denial of motion to intervene as of right where the applicant “could well be disadvantaged” by the stare decisis effect of the result of the litigation).
cited Cited as authority (rule) Chadima v. National Fidelity Life Insurance
S.D. Iowa · 1994 · confidence medium
Co., 581 F.2d 175, 177 (8th Cir.1978) (quoting Kozak v. Wells, 278 F.2d 104, 112 (8th Cir.1960)).
discussed Cited as authority (rule) Sierra Club v. Robertson
8th Cir. · 1992 · confidence medium
Co., 581 F.2d 175, 176 (8th Cir.1978) ("[w]e disagree" with district court's denial of motion to intervene); Planned Parenthood of Minn. v. Citizens for Community Action, 558 F.2d 861 , 870 (8th Cir.1977) (proposed intervenor showed representation inadequate, and thus "the District Court erred in refusing" intervention); Liddell v. Caldwell, 546 F.2d 768, 771 (8th Cir.1976) (court "find[s] that intervention should be allowed"), cert. denied, 433 U.S. 914 , 97 S.Ct. 2987 , 53 L.Ed.2d 1100 (1977); Kozak v. Wells, 278 F.2d 104, 110 (8th Cir.1960) ("[w]e conclude" that representation may be inadeq…
discussed Cited as authority (rule) Sierra Club v. Robertson
8th Cir. · 1992 · confidence medium
Co., 581 F.2d 175, 176 (8th Cir.1978) (“[w]e disagree” with district court’s denial of motion to intervene); Planned Parenthood of Minn. v. Citizens for Community Action, 558 F.2d 861 , 870 (8th Cir.1977) (proposed intervenor showed representation inadequate, and thus “the District Court erred in refusing” intervention); Liddell v. Caldwell, 546 F.2d 768, 771 (8th Cir.1976) (court “find[s] that intervention should be allowed”), cer t. denied, 433 U.S. 914 , 97 S.Ct. 2987 , 53 L.Ed.2d 1100 (1977); Kozak v. Wells, 278 F.2d 104, 110 (8th Cir.1960) (“[w]e conclude” that represent…
discussed Cited as authority (rule) Guaranty Nat. Ins. Co. v. Pittman (2×) also: Cited "see"
Miss. · 1987 · confidence medium
Corby Recreation, Inc. v. General Electric Company, 581 F.2d 175, 177 (8th Cir.1978).
discussed Cited as authority (rule) Arkansas Electric Energy Consumers and Reynolds Metals Company v. Middle South Energy, Inc., Arkansas Power & Light Company, Appellee-Intervenor
8th Cir. · 1985 · confidence medium
Rule 24 is to be liberally construed, Kozak v. Wells, 278 F.2d 104, 111-12 (8th Cir.1960), and doubts should be resolved in favor of allowing intervention, Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir.1978).
discussed Cited as authority (rule) Securities & Exchange Commission v. Flight Transporatation Corp.
8th Cir. · 1983 · confidence medium
Keeping in mind that “[t]he ‘interest’ test is primarily a practical guide to disposing of lawsuits by involving as many apparently concerned persons as is compatible with efficiency and due process,” Nuesse v. Camp, 128 U.S.App.D.C. 172 , 385 F.2d 694, 700 (1967), we are satisfied that Joyce Rubin “has asserted a ‘significantly protectable interest’ in the primary litigation,” Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir. 1978) (per curiam) (quoting 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) Fed. Sec. L. Rep. P 99,083 Securities and Exchange Commission v. Flight Transportation Corporation, FTC Executive Air Charter, Inc., FTC Cayman, Ltd., and William Rubin, Greyhound Leasing & Financial Corporation, Securities and Exchange Commission v. Flight Transportation Corporation, FTC Executive Air Charter, Inc., FTC Cayman, Ltd., and William Rubin, Joyce Rubin
8th Cir. · 1983 · confidence medium
Keeping in mind that "[t]he 'interest' test is primarily a practical guide to disposing of lawsuits by involving as many apparently concerned persons as is compatible with efficiency and due process," Nuesse v. Camp, 128 U.S.App.D.C. 172 , 385 F.2d 694, 700 (1967), we are satisfied that Joyce Rubin "has asserted a 'significantly protectable interest' in the primary litigation," Corby Recreation, Inc. v. General Electric Co., 581 F.2d 175, 177 (8th Cir.1978) (per curiam) (quoting Donaldson v. United States, 400 U.S. 517, 531 , 91 S.Ct. 534, 542 , 27 L.Ed.2d 580 (1971)). 28 Joyce Rubin may be un…
discussed Cited as authority (rule) James S. Jackson Co. v. Horseshoe Creek Ltd.
Wyo. · 1982 · confidence medium
The application of the doctrine of stare decisis or res judicata is a practical disadvantage. 7A Wright & Miller, Federal Practice and Procedure: Civil § 1908, p. 515; Corby Recreation, Inc. v. General Electric Company, 581 F.2d 175, 177 (8th Cir. 1978); Blake v. Pallan, 554 F.2d 947, 954 (9th Cir. 1977); Nuesse v. Camp, 385 F.2d 694, 702 (D.C.Cir.1967); Atlantis Development Corporation v. United States, 379 F.2d 818, 828-829 (5th Cir. 1967).
Retrieving the full opinion text from the archive…
CORBY RECREATION, INC., Appellee,
v.
the GENERAL ELECTRIC COMPANY, a Foreign Corporation, Appellee, v. WESTERN REALTY CO., INC., Appellant
77-1789.
Court of Appeals for the Eighth Circuit.
Aug 2, 1978.
581 F.2d 175
Patrick J. Kirby, Mitchell, S. D., Lloyd J. Mahan, Parkston, S. D., for appellant., Stephen A. Krupp, Robins, Davis & Lyons, Minneapolis, Minn., and John E. Burke, Sioux Falls, S. D., for appellee.
Lay, Bright, Ross.
Cited by 29 opinions  |  Published
PER CURIAM.

Western Realty Company appeals from the denial of its motion to intervene as of right pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure. The action in which it seeks to intervene was brought by Corby Recreation, Inc., against General Electric Company for damages caused by a fire in a building complex owned by Corby.

In its proposed complaint in intervention Western alleged that it was the owner of the building complex at the time of the fire and it had leased the complex to Corby. Western further alleged that property insurance coverage obtained by Corby in the amount of $200,000.00 was inadequate to cover its loss, and it was forced to sell the building to Corby for $80,000.00. It asserted the same tort and contract claims against General Electric as Corby had charged in its complaint and claimed $946,-043.66 for damage to the realty and loss of rental income. It also sought monetary relief from Corby and other defendants for damages due to inadequate insurance coverage on the building.

If timely application is made and three prerequisites are met, intervention pursuant to Rule 24(a)(2) must be allowed. The applicant must assert an interest in the subject matter of the primary litigation; it must appear that his interest will be impaired by the disposition of the suit; and his interest must not be adequately protected by existing parties. Planned Parenthood v. Citizens for Community Action, 558 F.2d 861, 869 (8th Cir. 1977); Liddell v. Caldwell, 546 F.2d 768, 770 (8th Cir. 1976), cert. denied sub nom. St. Louis Board of Education v. Caldwell, 433 U.S. 914, 97 S.Ct. 2987, 53 L.Ed.2d 1100 (1977). Corby argues that denial of intervention was proper because Western failed to identify its interest or prove that it had any interest in the building complex on the date that the main action was commenced. We disagree. [1]

[*177] The subject matter of the primary litigation is Corby’s right to recover damages from General Electric for the destruction of a building complex by fire. While Western does not claim that it had a property interest in the building at the time the main action was commenced or has a present interest, it does assert a right of recovery for damages it incurred as owner at the time of the fire. According to its complaint, Western received $280,000.00 in insurance benefits and sale proceeds for a building worth $946,043.66 prior to the fire. When the well pleaded allegations of Western’s complaint are accepted as true, Kozak v. Wells, 278 F.2d 104, 109 (8th Cir. 1960), it is evident that Western has asserted a “significantly protectable interest” in the primary litigation. Donaldson v. United States, 400 U.S. 517, 531, 91 S.Ct. 534, 27 L.Ed.2d 580 (1971).

While it could be argued that Western would not be bond by a judgment entered in the main action, it could well be disadvantaged in a practical sense by the stare decisis effect of a determination on the issues of General Electric’s liability for the fire damage and Corby’s rights to recover the damages it claims. The potential disadvantage is increased by the fact that Corby appears to assert a claim, as the building owner, for damages in the amount of the difference between the values of the building before and after the fire. This claim is in direct competition with Western’s claim for damages as owner of the building at the time of the fire. The inhibiting effect of stare decisis, coupled with assertion of an interest nearly identical to and perhaps in conflict with that alleged by Corby in the main action, furnishes the practical disadvantage required for intervention as of right. Francis v. Chamber of Commerce of United States, 481 F.2d 192, 195 n. 8 (4th Cir. 1973); Nuesse v. Camp, 128 U.S.App. D.C. 172, 180, 385 F.2d 694, 702 (1967); Atlantis Development Corp. v. United States, 379 F.2d 818, 829 (5th Cir. 1967); Kozak v. Wells, supra, 278 F.2d at 110.

Finally, Corby does not contend that it is willing or capable of representing Western’s interest. Western and Corby assert seemingly conflicting damage claims, and Western alleges that Corby was negligent and breached its lease by underinsuring the property. Such adversity of interest meets the third, “minimal” requirement of showing that representation of the potential in-tervenor’s interest may be inadequate. Trbovich v. United Mine Workers, 404 U.S. 528, 538 n. 10, 92 S.Ct. 630, 30 L.Ed.2d 686 (1972).

Bearing in mind that any doubts are to be resolved in favor of the intervenor, Ko-zak v. Wells, supra, 278 F.2d at 112, we conclude that Western is entitled to intervene as of right under Rule 24(a)(2) of the Federal Rules of Civil Procedure. Accordingly, the order of the district court is reversed.

1

. Denial of an application to intervene as of right is appealable, and this court may reverse if it concludes that the applicant was entitled to intervene of right. Cascade Natural Gas Corp. v. El Paso Natural Gas Co., 386 U.S. 129, 87 S.Ct. 932, 17 L.Ed.2d 814 (1967); Railroad Trainmen v. B. & O. Ry. Co., 331 U.S. 519, 67 S.Ct. 1387, 91 L.Ed. 1646 (1947); Kozak v. Wells, 278 F.2d 104 (8th Cir. 1960). See also C. Wright and A. Miller, 7A Federal Practice and Procedure § 1923 at 628 (1972).