Hirshhorn v. Mine Safety Appliances Co. Appeal of Behr

Vladimir Behr and his wife sought to intervene as party-plaintiffs in this suit in the court below. The application was denied with prejudice and the Behrs appealed to this court. A motion to quash and dismiss the appeal was filed. At the argument upon this motion it was agreed by the parties, the complete record being before us, that the appeal should also be heard upon the merits. Both aspects of the case have been fully argued and briefed by the parties.

After careful consideration we have concluded that the motion to quash and dismiss the appeal should be denied for under the circumstances…