Bess A. Martin v. Kalvar Corporation

The issue on appeal is whether the District Court properly denied the motion of Patrick S. Martin to intervene in a shareholder’s derivative action to rescind Kalvar Corporation’s acquisition of the stock of S. O. Systems, Inc. in exchange for Kalvar Corporation stock.

Intervention is divided into two classes under Rúle 24 of the Federal Rules of Civil Procedure: (a) Intervention of right, and (b) Permissive intervention. If the right to intervene is absolute, the order denying intervention is appealable and may be judged on its merits. 1 If the right to intervene is permissive, no appeal may…