Development Finance Corp. v. Alpha Housing & Health Care, Inc.

OPINION OF THE COURT

SAROKIN, Circuit Judge:

Sylvan Associates, Inc. (“Sylvan” or “applicant”), the sole member of defendant Alpha Housing & Health Care, Inc. (“Alpha”), a nonprofit corporation, appeals from the denial of its motion to intervene as a third-party plaintiff in an action for breach of contract. Sylvan wishes to argue that the contracts between plaintiffs and defendant were ultra vires, a claim that defendant itself is prohibited from raising under Pennsylvania law.

I

Plaintiff Development Finance Corp. (“DEFCO”) entered into a contract to assist defendant in arranging financing for…