Motion to Strike Plaintiffs' Plan

    UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

)
RONALD BRADLEY, et al, )

)
Plaintiffs, )

v. )
■ )

WILLIAM G. MILLIKEN, et al, )
)

Defendants, )
and ))
DETROIT FEDERATION OF TEACHERS, LOCAL ) 
#231, AMERICAN FEDERATION OF TEACHERS,) 
AFL-CIO, )

)
Defendant-Intervenor, )

and )
)

DENISE MAGDOWSKI, et al, )
)

Defendants-Intervenor. )
______________ )

Civil Action 

No. 35257

MOTION TO STRIKE PLAINTIFFS' PLAN

NOW COMES the Board of Education for the School District 

of the City of Detroit and other defendants, by their attorneys of 

record, George T. Roumell, Jr., Louis D. Beer and Riley and Roumell, 

move to strike Plaintiffs' Plan for the desegregation of the City of 

Detroit only for the reason that said Plan does not meet constitutional 

tests for the following reasons:

1. Said Plan is not educationally sound nor does it have 

educational value as required by the United States Supreme Court.

See Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 

(1971).
2. Said Plan provides a mathematical racial mix contrary

to the requirements of Swann.



3. Said Plan does not consider the racial mix of the 

community; i.e., metropolitan community. See Swann, supra.

4. Said Plan provides for clear re-segregation contrary 

to the Constitution. See Bradley v. School Board of the City of 

Richmond, slip opinion at page 66. Also see Clark v. Board of,

.Education of Little Rock School District, 446 F.2d, 1035 (8th Cir. 

1970) and Lemon v. Bossier Parish School Board, 464 F.2d 911 (5th 

Cir.1971). Also see Louisiana v. United States, 380 U.S. 145 at 
156 (1965).

Respectfully submitted,

RILEY AND ROUMELL

Louis D. Beer ....
720 Ford Building 
Detroit, Michigan 48226 
Telephone: 962-8255

Date: March 21, 1972.

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