american pipe construction utah argued november decided january eleven days short year final consent judgment entered petitioners civil actions government restrain federal antitrust violations actions filed almost four years entry judgment state utah commenced sherman act class action petitioners state purported represent various state local agencies certain western action found timely federal statute limitations governing antitrust suits clayton act act providing whenever institutes proceeding restrain antitrust violations running statute limitations respect every private right action arising laws based matter complained proceeding shall suspended pendency thereof one year thereafter district thereafter granted petitioners motion order pursuant fed rule civ proc suit maintained class action finding although prerequisites class action contained rule met requirement rule class numerous joinder members impracticable satisfied eight days entry order respondent towns municipalities water districts claimed members original class moved intervene plaintiffs utah action either right fed rule civ proc permission rule district denied motion concluding limitation period run respondents tolled institution class action appeals reversed denial permission intervene rule finding members class utah purported represent suit actually commenced utah filing class action held commencement class action suspends applicable statute limitations asserted members class parties requirement rule met respondents purported members class made timely motions intervene district found suit inappropriate class action status institution original class suit tolled limitations statute respondents pp judicial tolling statute limitations abridge modify substantive right afforded antitrust acts mere fact federal statute providing substantive liability also sets time limitation upon institution suit restrict power federal courts hold statute limitations tolled certain circumstances inconsistent legislative purpose pp district determination denying permission intervene respondents absolutely barred statute limitations unreviewable exercise discretion rather conclusion law appeals correctly found erroneous pp commencement class action suspended running limitations period pendency motion strip suit class action character since class action filed days yet run period tolled intervenors days entry order denying participation class suit move file intervention motion filing days entry order thus timely pp stewart delivered opinion unanimous blackmun filed concurring opinion post jesse argued cause petitioners briefs gordon johnson oliver green james sullivan wayne pitluck john hanson robert cooper haldor benson read carlock gerald miller special assistant attorney general utah argued cause respondents brief vernon romney attorney general rand hirschi kent shearer special assistant attorneys general justice stewart delivered opinion case involves aspect relationship statute limitations provisions fed rule civ proc regulating class actions federal courts question presented limited one details complex proceedings originating almost decade ago must briefly recounted march federal grand jury returned indictments charging number individuals companies including petitioners criminal violations sherman act stat amended indictments alleged defendants combined conspired together restraint trade steel concrete pipe submitting collusive rigged bids sale pipe dividing allocating business among shortly thereafter june pleas nolo contendere accepted judgments guilt entered four days later june filed civil complaints district central district california companies complaints subsequently amended sought restrain violations sherman act violations clayton false claims acts civil actions subject extended negotiations government defendants culminated final judgment entered may companies consented decree enjoining engaging certain specified future violations antitrust laws eleven days short year later may state utah commenced civil action treble damages petitioners district district utah claiming petitioners conspired rig prices sale concrete steel pipe violation sherman act suit purported brought class action state represented public bodies agencies state local government state utah end users pipe acquired defendants also western area previously filed similar actions action found timely federal statute limitations governing antitrust suits provision clayton act stat amended henever civil criminal proceeding instituted prevent restrain punish violations antitrust laws running statute limitations respect every private right action arising said laws based whole part matter complained said proceeding shall suspended pendency thereof one year thereafter motion made majority petitioners suit subsequently transferred judicial panel multidistrict litigation utah district central district california trial judge martin pence chief judge district hawaii sitting california district assignment transfer assignment found appropriate prior concentration actions arising factual situation central district california judge pence concrete pipe supp jpml november petitioners moved order pursuant fed rule civ proc suit maintained class action motion subsequently granted memorandum opinion support order granting motion judge pence found prerequisites class action contained rule appeared met least minor deficiencies meeting standards determining suitability proceeding class fatal plaintiffs class action requirement rule class numerous joinder members impracticable found judge pence satisfied complaint alleged members class totaled judge pence relying extensive experience dealing litigation involving defendants similar causes action concluded number entities ultimately demonstrate injury trade practices petitioners far lower rom prior actual experience like cases involving alleged conspiracy find number numerous joinder members impracticable december eight days entry order denying class action status respondents consisting towns municipalities water districts state utah claimed members original class filed motions intervene plaintiffs utah action either right rule alternative permission rule relief pertinent march district denied respondents motion respects concluding limitations period imposed clayton act tolled run respondents tolled institution class action behalf appeal appeals ninth circuit affirmed denial leave intervene right rule one judge dissenting reversed denial permission intervene rule finding members class utah purported represent whose claims tendered suit actually commenced utah filing appellate concluded order denying class action status legal fiction project backward time must fictionally carry backward class members directed rights presently possessed leave temporally stranded present granted certiorari consider seemingly important question affecting administration justice federal courts rule stood prior extensive amendment spurious class action maintained character right sought enforced class several common question law fact affecting several rights common relief sought rule however contained mechanism determining point advance final judgment potential members class claimed complaint actual members bound judgment rather hen suit brought class merely invitation joinder invitation become fellow traveler litigation might might accepted moore federal practice cf snyder harris zahn international paper ante recurrent source abuse former rule lay potential members claimed class situations await developments trial even final judgment merits order determine whether participation favorable interests evidence trial made prospective position actual class members appear weak judgment precluded possibility favorable determination putative members class chose intervene join parties bound judgment situation potential intervention aroused considerable criticism upon ground unfair allow members class benefit favorable judgment without subjecting binding effect unfavorable one amendments designed part specifically mend perceived defect former rule assure members class identified trial merits bound subsequent orders judgments present rule determination whether action shall maintained class action made soon practicable commencement action brought class action rule determined action may maintained class action subdivision mandated direct members class best notice practicable circumstances advising may excluded class request bound judgment whether favorable request exclusion member request exclusion may enter appearance case rule finally present rule provides rule actions judgment shall include found members class received notice requested exclusion rule thus potential class members retain option participate withdraw class action point litigation soon practicable commencement action suit allowed continue class action sent notice inclusion within confines class thereafter either suit ineligible participate recovery bound judgment else full members must abide final judgment whether favorable adverse former rule existed difference opinion among federal courts appeals district courts whether parties allowed join intervene members spurious class termination limitation period initial class action complaint filed applicable statute limitations period run majority courts ruling question emphasizing representative nature class suit concluded intervention proper courts concluded since spurious class action essentially device permit individual joinder intervention individual participating satisfy timeliness requirement conflict implementation former rule never resolved present rule however difficulties potential unfairness part convinced courts require individualized satisfaction statute limitations member class eliminated remain conceptual practical obstacles path holding filing timely class action complaint commences action members class subsequently determined whatever merit conclusion one seeking join class running statutory period asserts separate cause action must individually meet timeliness requirements athas day supp concept simply inconsistent rule presently drafted federal class action longer invitation joinder truly representative suit designed avoid rather encourage unnecessary filing repetitious papers motions circumstances case district found named plaintiffs asserted claims typical claims defenses class fairly adequately protect interests class rule claimed members class stood parties suit unless received notice thereof chose continue thus commencement action satisfied purpose limitation provision might subsequently participate suit well named plaintiffs hold contrary frustrate principal function class suit sole means members class assure participation judgment notice class suit reach running limitation period file earlier individual motions join intervene parties precisely multiplicity activity rule designed avoid cases class action found superior available methods fair efficient adjudication controversy rule think different standard apply members class rely upon commencement class action even unaware suit existed thus claim refrained bringing timely motions individual intervention joinder belief interests represented class suit rule designed afford class action representation active participants even aware proceedings suit prior order suit shall shall proceed class action pendency district determination regard made soon practicable commencement action potential class members mere passive beneficiaries action brought behalf existence limits class established notice membership sent class member duty take note suit exercise responsibility respect order profit eventual outcome case follows even asserted class members unaware proceedings brought interest demonstrably rely institution proceedings later running applicable statute limitations bar participation class action ultimate judgment ii present case district ordered suit continue class action participation denied respondents running limitation period membership class rather privilege intervening individual suit pursuant rule hold posture least class action status denied solely failure demonstrate class numerous joinder members impracticable commencement original class suit tolls running statute purported members class make timely motions intervene found suit inappropriate class action status appeals careful note present case aintenance class action denied failure complaint state claim behalf members class recognized probability common issues law fact respecting underlying conspiracy lack standing representative reasons bad faith frivolity omitted contrary rule allowing participation potential members class earlier filed motions intervene suit deprive rule class actions efficiency economy litigation principal purpose procedure potential class members induced file protective motions intervene join event class later found unsuitable cases one determination disallow class action made upon considerations may vary subtle factors experience prior similar litigation current status docket rule requiring successful anticipation determination viability class breed needless duplication motions convinced rule consistent federal class action procedure must commencement class action suspends applicable statute limitations asserted members class parties suit permitted continue class action rule way inconsistent functional operation statute limitations stated order railroad telegraphers railway express agency statutory limitation periods designed promote justice preventing surprises revival claims allowed slumber evidence lost memories faded witnesses disappeared theory even one claim unjust put adversary notice defend within period limitation right free stale claims time comes prevail right prosecute policies ensuring essential fairness defendants barring plaintiff slept rights burnett new york central satisfied named plaintiff found representative class commences suit thereby notifies defendants substantive claims brought also number generic identities potential plaintiffs may participate judgment within period set statute limitations defendants essential information necessary determine subject matter size prospective litigation whether actual trial conducted form class action joint suit principal suit additional intervenors since imposition time bar circumstance promote purposes statute limitations tolling rule establish consistent procedures rule proper function limitations statute criticisms rule impact federal courts numerous trenchant see american college trial lawyers report recommendations special committee rule federal rules civil procedure friendly federal jurisdiction general view handler shift substantive procedural innovations antitrust suits annual antitrust review rev handler annual antitrust review rev interpretation rule nonetheless necessary insure effectuation purposes litigative efficiency economy rule present form designed serve iii petitioners contend however irrespective policies inherent rule statutes limitations federal courts powerless extend limitation period beyond period set congress period substantive element right conferred antitrust plaintiffs extended restricted judicial decision rule unlike situation congress silent period within federal rights must asserted antitrust field congress specified precise limitation period provided tolling period event government litigation instituted inclusion limitation tolling period petitioners assert makes substantive statute immune extension procedural rules rely large part decision harrisburg stated respect state statutes statutes create new legal liability right suit enforcement provided suit brought within twelve months otherwise time within suit must brought operates limitation liability created remedy alone condition attached right sue recognizing judicial power toll statutes limitation federal courts breaking new ground burnett new york central railroad employee claiming rights federal employers liability act et initially brought suit state within time limitation specifically imposed act state proceeding subsequently dismissed improper venue immediately dismissal also running limitation period employee attempted bring suit federal reversing determinations district appeals federal suit time barred held commencement state suit fulfilled policies repose certainty inherent limitation provisions tolled running period see also herb pitcairn similarly cases plaintiff refrained commencing suit period limitation inducement defendant glus brooklyn eastern terminal fraudulent concealment holmberg armbrecht hesitated find statutory period tolled suspended conduct defendant glus supra specifically rejected contention defendant time limitation integral part new cause action cause irretrievably lost end statutory period contrary found strict command limitation period provided federal statute suspended considerations eeply rooted jurisprudence ibid cases fully support conclusion mere fact federal statute providing substantive liability also sets time limitation upon institution suit restrict power federal courts hold statute limitations tolled certain circumstances inconsistent legislative purpose iv finally petitioners urge appeals reversal district failure permit intervention rule nonetheless improper district denying permission exercising legal discretion appeals find abused point rule explicitly refers district judge permission intervene exercise discretion held exercise discretion matter sort reviewable appellate unless clear abuse shown allen calculators national cash register see also brotherhood railroad trainmen baltimore denying permission intervene case however judge pence purport weigh competing considerations favor intervention simply found prospective intervenors absolutely barred statute limitations determination exercise discretion rather conclusion law appeals correctly found erroneous judgment appeals reversing district order directed case remanded proceedings upon motions intervene rather reviewing exercise discretion appeals merely directed discretion exercised remains determine precise effect commencement class action relevant limitation period section clayton act provides running statutes limitations suspended institution government antitrust suit based subject matter concept leads conclusion commencement class action case suspended running limitation period pendency motion strip suit class action character class suit brought utah filed days yet run period tolled intervenors thus days entry order denying participation suit class members move permission intervene since motions filed eight days entry judge pence order follows motions timely judgment appeals ninth circuit therefore affirmed footnotes section clayton act provides pertinent part follows action enforce cause action antitrust laws shall forever barred unless commenced within four years cause action accrued section contains additional proviso whenever running statute limitations suspended hereunder action enforce cause action shall forever barred unless commenced either within period suspension within four years cause action accrued petitioners earlier argued since fourday hiatus entry judgment pleas nolo contendere criminal actions commencement government civil suit tolling period provided begun run termination criminal proceedings contention rejected maricopa county american pipe construction supra pressed subdivision rule provides soon practicable commencement action brought class action shall determine order whether maintained order subdivision may conditional may altered amended decision merits prerequisites class action listed subdivision rule follows one members class may sue sued representative parties behalf class numerous joinder members impracticable questions law fact common class claims defenses representative parties typical claims defenses class representative parties fairly adequately protect interests class memorandum support order denying class action status dated december order filed december intervention right upon timely application anyone shall permitted intervene action statute confers unconditional right intervene applicant claims interest relating property transaction subject action situated disposition action may practical matter impair impede ability protect interest unless applicant interest adequately represented existing parties permissive intervention upon timely application anyone may permitted intervene action statute confers conditional right intervene applicant claim defense main action question law fact common party action relies ground claim defense upon statute executive order administered federal state governmental officer agency upon regulation order requirement agreement issued made pursuant statute executive order officer agency upon timely application may permitted intervene action exercising discretion shall consider whether intervention unduly delay prejudice adjudication rights original parties originally filed respondents motions intervene included allegations based events occurring four years prior december date filing motions denial leave intervene apply allegations still timely respondents even district order order thus appealable final order furthermore order declined certify question tolling effect class action appealable order respondents subsequently amended complaint confine allegations events four years prior filing motions thereby making order final permitting immediate appeal original rule provided follows representation persons constituting class numerous make impracticable bring one fairly insure adequate representation may behalf sue sued character right sought enforced class joint common secondary sense owner primary right refuses enforce right member class thereby becomes entitled enforce several object action adjudication claims may affect specific property involved action several common question law fact affecting several rights common relief sought secondary action shareholders action brought enforce secondary right part one shareholders association incorporated unincorporated association refuses enforce rights may properly asserted complaint shall verified oath shall aver plaintiff shareholder time transaction complains share thereafter devolved operation law action collusive one confer jurisdiction action otherwise jurisdiction complaint shall also set forth particularity efforts plaintiff secure managing directors trustees necessary shareholders action desires reasons failure obtain action reasons making effort dismissal compromise class action shall dismissed compromised without approval right sought enforced one defined paragraph subdivision rule notice proposed dismissal compromise shall given members class manner directs right one defined paragraphs subdivision notice shall given requires see kalven rosenfield contemporary function class suit chi rev developments law multiparty litigation federal courts harv rev barron holtzoff federal practice procedure wright ed see advisory committee note proposed rule rules civil procedure pp see supra subsection rule allowing maintenance class action situations generally analogous covered spurious class suit former rule provides action may maintained class action prerequisites subdivision satisfied addition finds questions law fact common members class predominate questions affecting individual members class action superior available methods fair efficient adjudication controversy matters pertinent findings include interest members class individually controlling prosecution defense separate actions extent nature litigation concerning controversy already commenced members class desirability undesirability concentrating litigation claims particular forum difficulties likely encountered management class action class action maintained subdivision shall direct members class best notice practicable circumstances including individual notice members identified reasonable effort notice shall advise member exclude class requests specified date judgment whether favorable include members request exclusion member request exclusion may desires enter appearance counsel judgment action maintained class action subdivision whether favorable class shall include describe finds members class judgment action maintained class action subdivision whether favorable class shall include specify describe notice provided subdivision directed requested exclusion finds members class york guaranty trust rev grounds escott barchris construction depinto provident security life insurance union carbide carbon nisley pennsylvania insurances deckert athas day supp cases arising former rule discussed analyzed simeone procedural problems class suits rev note class actions new rule federal statutes limitation study conflicting rationale vill rev courts dealt problem present rule reached conclusion esplin hirschi philadelphia elec anaconda brass ed york guaranty trust supra appeals second circuit permitted joinder spurious class suit reasoning rule otherwise create trap unwary might refrain instituting suit supposition interests represented class suit member subsequently observed contrary rule trap aware relied upon commencement class suit escott barchris construction friendly concurring see also comment spurious class actions based upon securities frauds revised federal rules civil procedure fordham rev present litigation district found seven intervenors aware relied attempted class suit petition certiorari course present question whether intervention right rule properly denied district reach question conclusion effect commencement class suit tolling statute limitations subsequently move intervene permission rule apply fortiori intervenors right rule indicated supra judge pence based conclusion number potential members large make joinder impracticable inferences prior experience similar antitrust litigation defendants district estimate expected attrition among class plaintiffs difficult individual plaintiff predict federal courts indicated subsequent attrition considered factor affecting numerosity rule considered outset case see iowa union asphalt roadoils supp sd iowa moore federal practice indeed one commentator observed federal decisions original rule reflect contrariety opinion meaning numerous advisory committee note proposed rule observes issue resolved question whether intervenors nonclass action shall permitted claim benefit date commencement action purposes statute limitations decided reference laws governing limitations apply particular contexts judge friendly noted certain situations intervenors may raise issues presented class action complaint extent defendants received notice nature claims escott barchris construction concurring opinion problem however minimized district already found named plaintiffs claims typify class furthermore rule may make appropriate orders imposing conditions intervenors enabling act empowering promulgate rules procedure commands uch rules shall abridge enlarge modify substantive right situations federal courts generally looked local law source federal limitation period apart penal enactments congress usually left limitation time commencing actions national legislation judicial implications actions law silence congress interpreted mean federal policy adopt local law limitation citations omitted implied absorption state statutes limitation within interstices federal enactments phase fashioning remedial details congress spoken left matters judicial determination within general framework familiar legal principles holmberg armbrecht see auto workers hoosier see mcallister magnolia petroleum plaintiff harrisburg initially claimed federal maritime law afforded substantive cause action wrongful death held case federal maritime law extend suits holding overruled moragne marine lines conclusion judicial tolling statute limitations abridge modify substantive right afforded antitrust acts consistent scant legislative history limitation tolling provisions sections clayton act added antitrust laws long original substantive liabilities established debate member house judiciary committee reporting bill asked correct assuming limitation provided amendment strictly procedural limitation nothing substance replied specific purpose committee reporting bill way affect substantive rights individual litigants simply procedural change suggested thought setting uniform statute limitations sole purpose cong rec remarks murray quigley dissenting judge appeals based conclusion ground rule concludes exercising discretion whether permit intervention shall consider whether intervention unduly delay prejudice adjudication rights original parties emphasis added furthermore persuasive intrinsic evidence judge pence ruled respondents issue applicability statute limitations first original conclusion joinder practicable remedy incongruous immediately thereafter asserted intervention fact impracticable second noted previously supra district deny leave intervene confined allegations complaints events occurring less four years prior motions intervene justice blackmun concurring join opinion concur judgment decision however must regarded encouragement lawyers case kind frame pleadings class action intentionally attract save members purported class slept rights necessarily guarantee intervention members purported class indicated purpose statutes limitations prevent surprises revival claims allowed slumber evidence lost memories faded witnesses disappeared order railroad telegraphers railway express agency decision today intervenors right permitted press claims subject requirement interest relating property transaction impaired impeded ability protect interest fed rule civ proc claims therefore invariably concern evidence memories witnesses subject matter original class suit defendant prejudiced later intervention class relief denied permissive intervenors may barred however district judge discretion concludes intervention unduly delay prejudice adjudication rights original parties fed rule civ proc proper exercise discretion prevent type abuse mentioned might preserve defendant whole prejudice arising claims received prior notice provision fed rule civ proc order allowing maintenance suit class action may conditional may altered amended decision merits viewed generate uncertainty decision class aspect might disbanded litigation long underway rule course provides shall decide whether class action may maintained soon practicable commencement action decision therefore normally made expeditiously later alteration respect intervention subject discretionary elements rule mentioned rule provision may make appropriate orders imposing conditions intervenors