Rios v. Enterprise Ass'n Steamfitters Local Union 638

MANSFIELD, Circuit Judge:

The single issue presented for review is whether the applicants to intervene below, John Gunther, et al. (“Applicants” herein) were improperly denied post-judgment intervention as of right under Rule 24(a)(2), F.R.Civ.P.1 Judge Bonsai of the Southern District of New York denied intervention on the ground of untimeliness.

We affirm, but on different grounds.

The history of this action goes back at least four years. In 1971 the federal government and private plaintiffs brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., alleging a…