Diana Van Arsdalen, f.k.a. Diana Murray - Page 14

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          O’Keefe v. N.Y. City Bd. of Elections, 246 F. Supp. 978 (S.D.N.Y.           
          1965) (holding that 28 U.S.C. sec. 2403(a) authorized the United            
          States to intervene as a matter of right in an action challenging           
          the constitutionality of the Voting Rights Act of 1965).9  But              
          see United States v. Mississippi, supra (holding that 20 U.S.C.             
          sec. 1717 did not provide an association with the unconditional             
          right to intervene in a school desegregation case);10 7C Wright &           
          Miller, Federal Practice & Procedure, sec. 1906, at 245 (2d ed.             
          1986) (suggesting that section 7424 does not provide the United             
          States with an unconditional right to intervene in cases                    


               8(...continued)                                                        
          “Representatives of employees of a carrier, duly designated as              
          such, may intervene and be heard in any proceeding arising under            
          this Act affecting such employees.”                                         
               928 U.S.C. sec. 2403(a) provided in pertinent part:                    
               In any action, suit or proceeding in a court of the                    
               United States to which the United States or any agency,                
               officer or employee thereof is not a party, wherein the                
               constitutionality of any Act of Congress affecting the                 
               public interest is drawn in question, the court shall                  
               certify such fact to the Attorney General, and shall                   
               permit the United States to intervene for presentation                 
               of evidence * * * and for argument on the question of                  
               constitutionality.                                                     
               1020 U.S.C. sec. 1717 provided in pertinent part:                      
                   A parent or guardian of a child * * * transported                 
               to a public school in accordance with a court order * *                
               * may seek to reopen or intervene in the further                       
               implementation of such court order, currently in                       
               effect, if the time or distance of travel is so great                  
               as to risk the health of the student or significantly                  
               impinge on his or her educational process.                             





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