10th Circ. Keeps Tribe Out Of Tyson Poultry Waste Suit

Law360, New York (September 22, 2010, 3:45 PM EDT) -- A federal appeals court has affirmed that the Cherokee Nation cannot intervene in a suit accusing Tyson Foods Inc. and other poultry processors of polluting the Illinois River with chicken waste, blocking Oklahoma from seeking monetary damages.

The Cherokee Nation's bid to intervene 19 days before trial was untimely because from the outset of the litigation it had no reason to believe that the state would represent its interests in monetary relief, the U.S. Court of Appeals for the Tenth Circuit ruled Tuesday in a 2-1...
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