Correspondence from Clerk to Leventhal Re: Docket Entries; Receipt; Notice of Appeal

     [||a7f4d410-2dba-4b34-b3ba-5a992096eeb3||] UNITED STATES DISTRICT COURT 

OFFICE OF THE CLERK 

NORTHERN DISTRICT OF MISSISSIPPI 

NORMAN L. GILLESPIE P.O. Box ‘190 
CLERK Clarksdale, MS 38614 

December 8, 1975 

Honorable Melvyn R. Leventhal 

10 Columbus Circle 

New York, New York 10019 

Re: Henry v. Clarksdale School District 

Civil Action No. DC64-28-K 

Dear Mr. Leventhal: 

I am enclosing xerox copy of the docket entries in the above 

captioned cause. Will you please file a designation of record 

on appeal in this case so I will have some idea of the plead- 

ings to incorporate in my record. 

Thanks y— 

/ 
bh 

“Jean G. Trawick, Deputy Clerk 

Enclosures 



. Melvyn R. Leventhal, 

TION AT NICO Is TT 
TITLE OF CASE ATTORNEYS 

atx Rr seirixy 
Fari .Jackson,Miss. 39202 
Ii Bind & Rauben V. Anderson, 

same address 

R.Jess Brown,125% N.Farish St.. 

REBECCA E. HENRY, ET AL Jackson, Miss. 

VS Deprieck—A+B61510-Columbus—CiTctle 
1H OLE 

CLARKSDALE MUNICIPAL SEPARATE SCHOOL DISTRICT, |New York 19 N.¥, IAFL? 

ET AL, AND CLARKSDALE-COAHOMA SCHOOL BOARD,ET AL 

For Defendant: 

Semmes Luckett, 121-Yazoo Ave 
] 

Clarksdale, Miss. 

Wm. H. Maynard, Stevens Bldg. 

Clarksdale, Miss. 

DATE PLAINTIFF'S ACCOUNT RECEIVED DISBURSED DATE DEFENDANT'S ACCOUNT RECEIVED DISBURSED 

4/22/64] Filing Fee $ 15.00 R#1012P 

ABSTRACT OF COSTS 

TO WHOM DUE AMOUNT 

jd RECEIPTS, REMARKS, ETC. 

Action:Civil Rights, school desegregation 

TT 7—1507 U. 8. GOVERNMENT PRINTING OFFICE: 193s 



71697 
— 

4/22/64 | Complaint, filed. JSS 

4/22/64] Motion for freliminary Injunction, filed. 

4/22/64y Summons issued (together with copies of Complaint and Motion) 

and mailed to Marshal ,Oxford. 

4/30/64 | Summons filed with Marshal's Return; served 4/24/64 at Cllarksdhle, Leon Porter, 

Harvey Gresham, Paul Hunter, Graham Bramlett, Gycelle Tyhes, Chestler H. Curtis, 

Dr. William Wilkins; on 4/25/64 at Clarksdale, Billy Fragier, {r.,| Jimmy Huber; 

C.M. Allen served 4/24/64 at Lula, and Malcolm Commer on| 4/24/pPh at Jonestown, and 

S.H. Kyle on 4/24/64 at Roundaway. 

5/8/64 | Defts* Motion to enlarge time for answers, filed. d 

5/11/64} Pltf's Notice of hearing of Motion for Preliminary Injunction, filled. - 1] 

5/11/64 | Order enlarging time for Defts to answer up to and inclufiing Jpne [10, 1964,4nt COB| 2 p 6 

5/13%/64 Notice of Dismissal of Action as to Party Plaintiffs(4 Thomas chilldren),| filed. 

6/1/6484 Received Memorandum Brief In Support of Plaintiffs' Motipn For|A Frelimihary 

Injunction with Affidavit of Aaron E. Henry attached. Mpiled game| to Judge 

Clayton, Tupelo, Miss. 

6/10/64 ¥ Mhsver of Clarksdale Municipal Separate School District{ et al, filed. 

6/10/64 V finer of Clarksdale-Coahoma School Board, et al, filed, 

6/10/64 pers! Motion to Strike Para. 10 of Complaint, filed. 

6/27/64 W Order for ‘reliminary Injunction against Clarksdale Munilcipal |Sepqrate §chopl 

District,(no relief granted at this time against the otHer Defits. [but rgtaiped 

as Defts.) ent COB 2 pp 628-630. Copies of Order mailed to alll cqunsel [by fudge's Secty 

6/29/6l | Certified copies of Order mailed to each member, Board df Trugteegq,C'dale Mn. Sep JSchhol 

6/29/64 | Certificate of Clerk of service by certified mail on Bodrd merberg, filéd. 

6/29/64 | Notice of entry of Order and service on Board members mdiled fo cqunsell 

2/27/64 | Deft's Plan for Desegragation of schools of Clarksdale Manicipal Separate [School 

District, filed. 

7/30/64 | P1tffs' Opjections to Desegragation Plans and Motion for Revided Plan, with 

Notice of Motion, filed. 

8/10/64 | Filed Resolution Of Board of Trustees Of The Clarksdale Municilpal |Separdte $chool 

District Dividing The School District Into Elementary Sdhool Subdistricts, Junior 

‘High School Subdistricts and Senior High School Subdistricts, [And |Establishing 

Attendance Areas Or Zones Within Such Subdistricts, And Maps Refldcting Such 

Subdistricts And Attendance Areas Or Zones. 

8/19/64 | Before Judge Clayton (at Oxford) 1 day hearing held on issue df Tdmp.Injunction. 

8/20/64 | Order releasing certain maps to Court Report, ent COB 2 |p 637 

8/22/64 | Order signed Aug. 19, 1964, rem SEotain desegregation plans, enf COB 2 p $38. 

8/24/64 Notice of entry of Order, with copies mailed to counsel. 



: CLVIL DCO428 

CLERK'S FEES AMOUN 
DATE FILINGS PROCEEDINGS REPORTEL 

PLAINTIFF DEFENDANT RETUR 

10/26/64] Court Reporter's Transcript of Hearing at Oxford on 8/19/64,filled. 

11/25/64 | Pltf's Interrogatories to Deft., filed. 

12/9/64 | Pltf's Motion to substitute certain Defts, filed. Photofopy mailef to Law deri. | 

1/7/65 |Pltfs' Motion for further injunctive relief, filed. Photdcopy Haildd to law (Clerk. 

1/6/65 Order Substituting certain Defts, ent COB 2 p 674. Notige of é¢ntr mailed to coting 

1/12/65 |Copy ef Judge Clayton's letter to counsel recd, advising [them that [Motion for 

further injunctive relief would be heard during March Reva at Crariziate) 

1/13/65 | Defts' Answers te Pltfs' Interrogatorgiés, filed, with 2 dags as Exhibits. 

2/4/65 | Pltfs' Interrogatories (second set) to Defts, filed. 

2/17/65 | Notice of setting for court trial,2 days, Apr. 8 & 9, 19p5, mafiled| to counsdl. 

BRE 8X FitedxiEpOxitionxnfxROELDrx Kitt i anxExxNitkins FF 

3/9/65 Filed deposition of Dr, William T. Wilkins. 

3/9/65 Filed deposition of Mrs. Pearlie May Browner. 

3/9/65 Filed deposition of Mary Ann Williams. 

3/9/65 Filed deposition of Lillie Wilson. 

4/7/65 Defts' Answers to second set of Interrogatories, filed. 

4/8/65 Before Yudge Clayton, hearing on motion for further injunctive relief, 

begun, continued 4/9/65 and concluded. 

4/9/65 Order permitting Court Reporter to remove Exhibits for 30 days, ent COB 72, 

4/10/65 | Spas. filed with Marshal's Return; served 4/5/65, A. Isaacson, Abe May, 

Hymen Kantor, J. W. McKellar, Hudson Bell and W. S. Kjndade. 

5/11/65 | Court Reporter's Transcript ( 2 Vol.) of hearing on 4/8/65 and 4/9/65, fliled. 

5/17/65 | Stipulation as to facts concerning boundary changes in City of] Cldrksdal 

during 1964, filed. 

7/7/65 Court Reporter's Stehotype Notes of hearing on April 8 & 9, 1965, |[filed./(inGlosed If 

7/7/65 Court Reporter's Stenotype notes of hearing on 8/19/64, filed.[(in closed files) 

7/9/65 Court Reporter's Transcript, 2 Vol(duplicate of those filed 5/11/65), filed. 

8/11/65 | Memorandum Opinion, filed. 

8/11/65 | Order for Permanent Injunction(as to certain issues) Part I and II{ ent GOB 2, 

pp 725-728. Copies of Opinion and Order mailed to all cqunsel |by Judge's Secty. 

8/11/65 | Notice of entry of Order mailed to counsel. 

8/20/65 | Pltfs' Motion to Amend Findings and Judgment, filed. Photocopy of [Motion mailed to 

Law Clerk. 

8/31/65 | Memorandum and Order signed 8/30/65, overruling Pltfs' Motion {to Amend Findings 

and Judgment, ent COB 2 p 735. Copy mailed to all counsel by WJudge's Se 

Notice of entry of Order mailed to all counsel by Clerk. 

9/24/65 | Pltfs' Motion for Further Relief (to grant transfer applicatiqn of Betty Jegn 

Yarbrough), filed. Copy mailed by counsel to Law Clerk 



. CIVIL DC6428 

. @ GPO 7—1597 

PLAINTIFF DEFENDANT RETURNS 

9/24/65 | Defts' Response to Pltf's Motion for further Relief (to grant 

transfer application of Betty Jean Yarbrough), filed. Cdpy mailled [to 

Law Clerk by counsel. 

10/1/65 | Revised Plan for Pleventary Attendanos Zones in Subdistricts 

El and E2, Petition for its Approval and Other Relief filed. Copy to Law| Clerk by ¢ounse 

10/2/65 lemorandum Opinion and Order signed 10/1/65, on Motion for the 

Benefit of Bettye Jean Yarbrough, ent COB 2 pp 741-742. 

10/2/65 | Cert. copy of Opinion and Order sent by certified mail t¢ counsel 

for plaintiffs and defendants. 

10/2/65 | Order Amending Previous Order of 8/10/65(that transfers fpuust be made 

within 10 days after school opening) ent COB 2 p 743. Copy of | Order 

mailed to counsel by Judge's Secty. 

10/7/65 | Order Amending Order for Permanent Injunction (of 8/10/65) correctiing attendance 

zone numbers, ent. COB 2 p 743. Copies of Order mailed to counsel] by 2lizole Secty. 

10/9/65 | Pltfs' Interrogatories to Deft. filed. ( 1 thru 11) 

10/25/65 Pltfs' Objections to Defts' Revised Plan, and other Objections, filled. 

Notified Law Clerk by telephone of filing of objections |and request for hearing. 

10/28/65 Notice of hearing set for 11/15/65 mailed to counsel. 

10/28/65 Defts' Answer to Interrogatories (1, 2, 6, 7, 9, 10 and (11), filed. 

10/28/65 Defts' Objections to other Interrogatories and motion for Order to Strike, filed. 

Memo to Law Clerk of Objections to Interrogatories and Motion [to $trike 

11/5/65 Pltfs' Objections to Defts' Motion to Strike Interrogatories, filed. 

Memo to Law Clerk of filing of objections to Motion. 

11/15/65 | Court Hearing on Objections to “evised Plan and Objectifys.to Interrogatories 

begun and cloncluded. 

11/24/65 | Filed Further Answer To Interrogatory Numbered 2 in Interrogatgries Dated 

October 7, 1965. (Copy of answer furnished Judge Clayton by Semmess Luckett, 

Atty. for Clarksdale Schools) 

11/26/65 Filed Court Reporter's transcript of proceedings held [11/15/68 at 

Clarksdale, Miss. 

11/26/65 Entered Order Sustaining In Part Objections Te Interrggatories. 

C.0.B. 2, Pg. 156 

11/26/65 Mailed notices to all counsel of record of entry of ahove 

Order. 

12/14/65 | Court's Memorandum Opinion, filed. 

12/14/65 | Order signed Dec. 13, 1965, approving defts' Revised Plan, (exgept|denying Dpfts. 

authority to change boundaries within subdistricts)and getaining jurisdictipnd, 

ent. COB 2, pp 766-767. Copies of Opinion and Order mai led by Judge's Sect . ton 30 

all counsel. 



CIVIL DOCKET DC6428 @ 

D. C. 110 III G Ville for fearing Om JuUestlOoll OL wiether procecdrngs S 

- FILINGS PROCEEDINGS bw REPORTED IN 
PLAINTIFF DEFENDANT RETURNS 

12/17/65 | Plaintiffs! Notice of Appeal, filed. 

12/21/65 | Bond for Costs on Appeal, $250 (CASH) filed. 

12/21/65 | Designation‘ of Record on Appeal, filed. 

12/21/65 | Record on appeal mailed to CCA, New Orleans, la. 

12/28/65 | Letter from CCA acknowledging receipt of record on appeal. 

2/25/66 | Court Reporter's stenotype tapes of hearing held 11/15/65, filled. 

10/21/66 | Petition of Carol Ann Brocato for leave to transfer to Llarksdalq - . 

Senior High School, filed. 

10/21/66 Order directing Deft. to permit Carol Ann Brocato to transfer to 

Clarksdale Senior High, ent COB:2'p 821. Two cert. copies iol Order: : 

. handed to petitioner's: attorney(Hon.Vincent Brocato) for service jon Defit.- | 

3/28/67 | Judge Clayton's letter of March 24, 1967; copy of letter mailed tg 

Marian E. Wright, Jackson, Miss.; Derrick A. Bell, N.Y.,|NY.; Hon. Geo. |F. 

Maynard, Hon. William H. Maynard and Hon. Semmes Luckett| Clarksdgle, Miss. 

and Hon. Will Wells, Asst. Atty. General, Jackson, Miss. 

4/17/67 | Motion of pltf's counsel, Hon. Derrick-A. Bell, Jr. to withdraw, fliled. 

4/18/67 | Order Granting leave to counsel Bell to withdraw, ent COB 2 p B44. 

" | Notice of entry of Order mailed to counsel. : 

7/24/67 .| Notice of Appearance, Paul Brest and Iris Brest. as caunsgel for Pltfs. 

Copy of Notice mailed to Judge Clayton's office. 

4/19/68 |Filed Notice of Appearance, Reuben V. Anderson, as additional ¢ounbel for PLtfs. 

.312-69 | Filed Notice of Appearance, Fred L. Banks, Jr. as additio¢nal cpunsgl for| P1tfs. 

3-8-69 Filed copy of Opinion of the United States Court of A ppeals fpr the . 

5=27-69 Lc CUSE Quack Sudo) Melvyn KR. a as Atty: - PY a. 
6-27-69 | Filed Notice of- Appearance of John ‘A. Nichols as atty. for pltfs. 

6-30-69 | Received Original record from Court of Appeals, .New Orlepns.- 

Filed Per Curiam, 

Filed Judgment issued as Mandate. Mailed copy to Judge Keady, attlys. fdr pltfs. and 

attys. for defts. 

7-3-69 Mailed Notice of assignment of judge to counsel of record. > 

7-7-69 Filed copy of Opinion of U. S. Ct. of Appeals on Petition For [Rehearing |& Petition Fo 

Rehearing En Banc. BOTH DENIED. 

7-9-69 ' | Entered Order signed by Judge -Keady on 7-8-69, directing|defts| to| file mew (plan of 

: desegregation not later than 7-23-69, pltfs. to make objections by| 7-28-p9 "dnd: plan tq 

be considered in C'dale on 7-30-69, in COB.4, pages 157 & 158.| Notice of entry maile 

to. counsel of record. 3 it i: 

7-11-69 | Filed Motion to Vacate Order dated July 8, 1969. Copy mailed to Martin Kilpatrick. 

7-14-69 |Filed copy of letter written by Law Clerk to counsel advising qf change qf [me to |7-1 



A ® 

CLERK'S FEES AMOUNT 

PLAINTIFF DEFENDANT RETURNS 

7-15-69 MATLED JACKET FILE TO GREENVILLE, : 

7-18-69 Entered Order signed by Judge Keady on 7-17-69, vacating Order of| this ¢t. dated 7-8-69 

pending disposition by US Ct. of Appeals of defts' motign to rescind mandate, in 

COB 4, page 164, Notice of entry mailed to counsel of record) 

7-30-69 | Filed Interrogatories to Defendants. 

8-14-69 | Filed Request by Defendants for Admissions. 

8-25-69 | Filed Plaintiffs' Answers to Request by Défendants for Admissions} 

8-25-69 | Mailed Record and Exhibits back to Fifth Circit at request of Mr. [Lucketit. |He is |[filing, 

on behalf of his clients, a petition for writ of certiorari and requests the Clerk to 

certify isame:on to the Supreme Court.of U. S. 

8-27-69 | Filed Plaintiffs" Objections to Request by Defts. for Admissions, |together with Nqtice 

of Motion. Copies mailed to Martin Kilpatrick in G'villpg. 

9-2-69 Filed copy of letter from Law Clerk to counsel setting Bk 9-22-69 [for Motions to blk 

3 heard. Aberdeen, Miss. 

9-15-69 |MAILED JACKET FILE TO ABERDEEN for Motions on 9-22-69. 

10-1-69 | Filed (in G'ville) Petition for Injunction Against Interferencle with the Operation of- the 

Schools of the District in Accordance with the Orders of| this Court and Against Inter- 

ference with Defendants and their Attorney in the Performance pf Their Constitutional Duty 

10-1-69 | Order signed by Judge Keady setting hearing on application for| preliminary injunctjion for 

ot 10-3-69 in G'ville, entered in COB 4, page 318. 

10-3-69 | Bond and Security for Preliminary Injunction in the amount of [$2,000.00 |accepted by Judge 

Keady and placed in Jacket File. 

10-3-69 | Filed Exhibits 1 through 9 for Petitioner. 

10-6-69 | Entered Order signed by Judge Keady on 10-3-69 enjoining|Aaron/ E. Henry,| et |al, from 

picketing the residence of school Trustees and their attys., eftc. Marshal |[directled to se 

order on persons involved. COB 4, pages 319 and 320. 

10-13-69 | Filed returned Orders with Marhsal's Return showing service on Aaron Henry |at Clarksdale 

on 10-1-69, setting hearing; and on Aaron Henry, R. L. Drew, Bennjlie Gooden, James| Julus 

Guy and David Self on 10-3-69 at Clarksdale and B. F. McLaurin and Roberta McCaskill on 

10-4-69 at Clarksdale. TT 

[10-21-69 | Filed Ct. Rpr's transcript of proceedings held in ¢'villl on 10-3-69 before |Judge [Keady. ( 

11-26-69 | Entered Order, signed by Judge Keady on 11-25-69, directjfing School Distyict| to confer 

with HEW for adoption of new plan; recommendation to be [filed [by 12-23-69; pbjections to 

be filed by 1-2-70; evidentiary hearing set for C'dale on 1-9170.| COB 4, pl. 377 & 378. 

Notice of entry mailed to counsel of record. 

12-12-69 | Filed Answer of Defendant, Clarksdale Municipal Separate School Djist. tp Interrogptories 

Propounded to it by Plaintiffs. 

12-23-69 | Filed (in G'ville) Report & Proposed Plan of H., E. W. 



DC 6428-K 

D. C. 110 Rev. Civil Docket Continuation 

“ Date Ord 
DATE PROCEEDINGS Judgment 

1-2-70 Filed defts' Objections to Plan for School Desegregation Filed by US Office of. 

! HEW; Motion to Strike Desegregation Plan Prepared & Filed by HEW; ‘Motion to 

Dismiss Because of Lack of Jurisdiction Over Subject Matter. Copies mailed to 
Judge Keady's Law Clerk. : 

1-5-70 Filed Pltfs' Objections to Plan of Desegregation. Sopy mailed to John Hallman. 
1-9-70 Entered Exhibits # 1 through # 17. 

1-10-70 | Filed Response to Directions of Court. 

1-13-70 | Filed Motion for Modification of Order or in the Alternative, 

of Facts. Copy mailed to John Hailman. 

Entered Order, signed by Judge Keady on 1-10-70, setting out steps to be implemented 
in obedience to mandate of 5th Circuit with goal toward dessuregation, in COB 4, 
pages 443-449 / ‘Notice ‘of entry mailed ‘to counsel of record. 

1-14-70 | Entered Order of Reference to Special Master, signed by Judge Ready on 1- 10- 70, in 

COB 4, pages 450-452. Notice of entry mailed to ¢ounsel of record. 
1-15-70 | Entered Order denying pltfs' 

for Additional Finding 

1-14-70 

motion for modification or add'l finding of facts, 
signed by Judge Keady on 1-14-70, in COB 4, page 455. Notice of entry mailed to 
counsel of record. 

1-15-70 | Entered Order denying pltfs' motion for injuriction placing ‘HEW plan into effect 

immediately pending ‘appeal, signed by Judge Keady on 1-14-70, has been entered in 
COB 4,- page 456. Notice of entry mailed to counsel of record. 

1-15-70 | Filed Notice of Appeal - $250.00 cash bond. Certified copy of Notice mailed to 

5th Circuit, Ct. Rpr, Law Clerk & opposing counsel. 
1-28-70 |Filed Notice of Appeal & Cross-Appeal by Defts., together with $250.00 Cost Bond. 

1-28-70 (Mailed original record on appeal to Fifth Circuit. 

1-29-70 |Filed Pltfs' Designation of Record on Appeal. Copy mailed to 5thCircuit. 
2-19-70 Mailed Exhibits to 5th Circuit as per request from Semmes Luckett. Maps & aerial photo. 

3-2-70 Entered Order, signed by Judge Keady on 2-27-70, extending time for filing of repdart 

by special master until 3-10-70, in COB 5, page 102. Notice of entry mailed to 

counsel of record. 
3-11-70 | Filed Special Master's Plan dated 3-6-70. Mailed certified copies to all counsel 

of record and to Supt. of School. 
3-12-70 | Filed statement of Special Master for professional services & out of pocket expenses. 
3-18-70 |Filed Motion for Additional Time in Which to File Objections to Master's Plan. Cdpy 

mailed to Law Clerk. 

3-19-70 |Entered Order, signed by Judge Keady on 3-18-70, allowing payment of services & 
expenses to Dr. Murphy, in COB 5, page 138. Notice mailed to all counsel of recoxd. 

3-19-70 |Entered Order, signed .by Judge Keady on 3-18-70, extending time for filing except] 
to plan until 4-13-70, in COB 5, page 139. Notice of entry mailed to all counsel, 

Mailed Notice of Hearing on Special Master's Report & Objections thereto, to be held 

in Aberdeen on 4-15-70, to all counsel of record. 
4-10-70 MAILED JACKET FILE TO ABERDEEN for hearing on 4- i5- 70. 

4-10-70 | Filed Pltfs' Objections to Report & Plan of Special Master & Statement of Position. 
4-10-70 | Filed Interrogatories to Defendant. 

4-13-70 | Filed Notice of Depositions Upon Oral Examination to be taken by Pltfs. in Atlanta, 
.y Ga. on 4-17-70. 

4-15-70 | Filed Objections of Defts. to Spec. Master's Plan. Copy mailed to Judge Keady. 

4-15-70 | Notice mailed (from Aberdeen) to all counsel of record resetting hearing for 4-24+70 

in Aberdeen. 
4-17-70] Filed Ct's Opinion received from 5th Circuit, retaining jurisdiction during limited 

remand for further proceedings . 
4-24-70] Hearing in Aberdeen on Spec. Master's Rpr. & Exceptions. Matter taken under advi 

"Filed Pltf's Exhibit #1. 
5-5-70 | Filed pltfs' Motion for Order Providing for Periodic Reports, together with Notic 

Copies mailed to Judge Keady. 
OVER 

LOT1S 

4-9-70 

sement. 

e. 



DATE PROCEEDINGS oe Oe 

— 5-1I-70| Filed Memo. Opinion of Ct. dated 5-8-70, and entered Order, signed by Judge Keady on 
5-8-70, overruling exceptions of pltfs. & defts. to master's plan .and adopting said 
plan in its entirety, with supplements thereto, in COB 5, pages 220-224, inclusive. 
Notice of entry mailed to counsel of record. 

; 5-12-70| Filed Ct. Rpr's transcript of proceedings held. in Shexdeen, Miss.. on 4 24-70. (Cqok) 
r 5-12-70] Mailed record on appeal to 5th Circuit. : : 

5-22-70 [Filed Motion to Withdraw the Record. Copy mailed to i Keady. 

5-25-70 |Filed defts' Response to Motion to Withdraw the Record. Copy mailed to Tiss Rr 
5-27-70 [Filed letter from John Hailman, Law Clerk, with Judge's instructs re: mailing recdrd to 

counsel for both parties. 

5-27-70 [Mailed original record to counsel for pltfs. by fetisicos Nail, return ToooLeE ens 

6-2-70-:| Filed Defts' Answers to Interrogatories Dated April:9,; 19707 : 
7-2-70 Filed copy of letter from counsel for pltfs. to counsel for Jefts: forwarding ‘record to hi 

8-13-70 | Filed Fifth Cirait Court's opinion-order - REVERSED and REMANDED as to principal 

appeal; AFFIRMED as to .cross-appeal. Mailed copy of same to Judge Keady, 

Atty. Leventhal and Luckett. - vrire 

8-17-70 | MAILED JACKET FILE TO GREENVILLE ai 

8-18-70 | Mailed notice (ffom Greenville) that a pretrial conference. to be followed by a full 

hearing is set for Fri. Aug. 21, 1970, 10:00 A.M., at Greenville, Miss. 
8-20-70 | Filed Motion For Amendment To Order Of May 8, 19703xxxgmm® Mailed Copy to Tadge 

Keady's Law Clerk. Mailed orig. to Greenville to be placed in jacket file. : 

8-24-70 | Entered Supplemental Order Upon Remand, signed by Judge Keady on 8-21-70, in COB |5, 
pages 340-343, Notice of entry mailed to counsel of record. 

8-25-70 | Entered Order, signed by Judge Keady on 8-24-70, setting out deadlines for submission 
of reports mentioned in YY 4 & 6 of above order in COB 5, pages344. Notice of entry 
mailed to counsel of record. 

10-14-70 | Filed Motion to withdraw $250.00 cash bond. on appeal by counsel for BIEL Cory. mailed 
to Judge Keady. 

12-8-70 | Filed copy of letter from ier Committee to Judge Keady ET add'l time §& help 
in submitting plan for desegregation of Booker T. Washington -School. : 

12-8-70 | Filed copy of letter from Judge Keady to Advisory Committee extending time for add'l 30 d 

12-8-70 | Filed copy of letter from Judge Keady to counsel for defts. with regard to progress of co 
12-28-70. Filed Proposed Plan of Pupil Assignment.. Copy mailed to Judge Keady. 

1-11-71 | Mailed Notice to counsel of record setting Hearing for C'dale on 1-18-71. 

1-12-71 Filed letter received by Judge Keady on 1-8-71 from Advisory Committee with their recommg 

1-12-71 | Filed Response by.Defts. to Plaintiffs! Proposed Plan of Pupil Assignment. 

1-15-71| Filed Pltfs' Alternative Plan of Pupil Assignment. Copy handed to Judge Keady. 
1-19-71 | Entered Order, signed by Judge Keady on-1-19-71, effecting plan for desegregating Booker 

T. Washington School, effecting by Sept., 1971; biracial committee to make recompendatio 

on zone lines for Oliver by 4-1-71, school board by 4-20-71; evidentiary hearing|set for 
May term of Ct. & final order to be entered. COB 6, pages 161-163. Certified copy of 

Order mailed to all members of biracial committee, members ot Bd. of Edu., Supt.|of Edu. 
and counsel of record as directed in Order. 

1-26-71 Entered Order, signed by.Judge Keady on 1-25-71, ordering school board to file report on 

3-1-71, & on 12-1 and 4-15 of each school year subsequent to 70-71 setting forth| info. 
required -in order. COB 6, pages 177-179. Notice of entry mailed to .counsel of frecord. 

2-24-71 Filed copy of letter from Judge Keady to counsel for defts. in reply to his Ilettler of Z- 

advising of standard procedure on rpring. 

3-1-71 Filed Report called for by order of 1-25-71. 

3-18-71 Filed copy of letter from Judge Keady to Chairman of Advisors Committee re: attendance of 

: ‘meeting on 3-22-71.by members. Copy mailed to all members as directed by Frances on telej 
3-22-71 | Filed Motion for Supplemental Relief with Notice of Motion. Tiled Intdrrogetoribs to 

Defendants. Copies mailed to Judge Keady. : 
3-26-71 | Mailed Notice to counsel of record setting hearing on motion for supp'l relief in|C'dale g 

5-19-71. 



DC 6428-K 

D. C. 110 Rev. Civil Docket Continuation 

PROCEEDINGS 
Date O 

Judgmen 

Filed letter from Advisory Committee to Judge. 

Entered Order, signed by Judge Keady on 3-31-71, ordering Bd. of Trustees & Supt. 

to file proposal for altering zonw lines of Oliver to serve grades 1-6 by 4-20-71 
same to be considered by ct. on 5-19-71. COB 6, pages 285 & 286. Notice of entry 
mailed to counsel of record. 

4-19-71 Filed Answers to Interrogatories Propounded to Defendants. 
4-20-71 Filed Response of Defts. to Orders of 1-19-71 & 3-31-71. 
5-18-71 

5-27-71 in C'dale. 

Mailed Notice to counsel of record resetting hearing on motion for supp'l relies for 

2-27-71 Filed Amendment to Response of Defendants to Orders of 1-19-71 & 3-31-71. 
5-27-71 Order, signed by Judge Keady, setting out faculty ratio, and assignment of pupils for 

preceding ‘school: years --COB 7; pages: 34-36. Notice of entry mailed to counsels: JS6.} 
9-8-71- Filed Defts' Motion for Leave to Assign to Booker T. Washington Elementary Schoo 3 

Certain Students now Assigned to Oliver Elementary School. Copy mailed to Frances Grif 

9-9-71 Entered Order, signed by Judge Keady on 9-7-71, authorizing defts. to reassign & transi 

4th, 5th & 6th grade students from Oliver to Booker T. for purpose of relieving ¢ver- 
crowded conditions at Oliver. COB 7, page 132. Notice of entry mailed to counsé Y. 

12-1-71 Filed Report called for in Order of 1-25-71. 
2-16-72 Filed Petition for Permission to Sell Lands Not Needed for School Purposes and td Invesd 

the Proceeds in Similar Property. Copy handed to Will Ford. 

3-21-72 Mailed Notice of Hearing in G'ville on 3-31-72, to counsel of record. 

3-29-72 Filed P1ltfd' Response to Defts' Petition for Permission to Sell Lands not Needed for 

School Purposes. Copy mailed to Frances Griffin & original mailed to Mary for jacket 

4-3-72 Entered Order, signed by Judge Keady on 3-31-72, directing the Board of Trustees to 

submit alternative proposals for acquisition of other school sites in "neutral" 

neighborhoods, etc. before selling presently owned site in NE sector of Clarksdale, 

in COB 8, pages 67 & 68. Notice of entry mailed to counsel of record. 
Filed Report called for by order of Ct. dated 1-25-71. 

Filed Petition for Permission to Sell Lands Not Needed for School Purposes and to 
Invest the Proceeds in the Purchase or Rental of Portable Classrooms. Copy mailed 
to Judge Keady by counsel. to Judge by counse Le 

Answer to School District's Petition for Permission to Sell Lands filed. Copy mai led/ 

Response to Pltfs' Answer to Petition for Permission to Sell Lands filed. Sopy 
mailed to Frances Griffin. 
Motion to Couper potenvants to TESaspore Stalents Filed. Copy mailed to > Judge Keady 

by counsel. at 2 

Filed letter from Law Clerk to counsel setting hearing on motions in G'ville: on 8+9-72/ 
‘Motion to Remove & Replace Board of Trustees & Notice thereof filed. 

Motion to Add Parties Defendant & Notice thereof filed, 

Copies mailed to Judge Keady by counsel.: 
Mailed Notice of Hearing on Motions set for G'ville on 9-25-72 at 9:00 a.m., to ¢ounse 
Hearing (in G'ville) on defts' petition for permission to sell lands - petition g ranted 

Defts' Exhibits 1-A through 1 G, placed in jacket file. 
Order Authorizing Sale of Lands not Needed for School Purposes and for Use of Pro ceeds 

of Sale, signed by Judge Keady on 8-9-72, entered in Civil Order Book 8, pages 23 1-234. 

Notice of entry mailed to counsel of record. 
3-22-72 Deft's Interrogatories to Pltfs., filed, 
9-15-72 Deft's Response to Motion to Compel Defendants to Ransport Students filed. Copy 

mailed to Ray Mitchell, 
9-25-72 PItfs' Motion to compel defts. to transport students sustained. 

9-25-72 Entered Order, signed by Judge Keady on 9-25-72, directing defts. to bus students in 

grades 1 through 6 that lived more than 1% miles from school, to commence 10-16-/2 

COB 8, pages 276 & 277. Notice of entry mailed to counsel of record. 

10-2-72 Motion to Amend Order of 9-25-72 filed, Copy mailed to law clerk. 
OVER 



DATE PROCEEDINGS Woe oii 

10-4-72 | Entered Order, signed by Judge Keady on 10-3-72, directing that defts. not utilizp 
| any of the reassignment methods suggested in § 4 of their response so as to minimfize 

number of students required to be gransporied, in COB 8, pages 293 & 294+ Notice| of 
| entry mailed to counsel of record. re- 

10-6-72| Filed copy of letter from Judge Keady to counsel re, /employment of STE science 
| major as proposed by deft. school board. 

10-6-72| Filed Notice of Appeal, Cost Bond & Designation of Record and Statement of Issue |to 
be Presented on the Appeal. Certified copy of Notice mailed to counsel, 5th Cirduit, 

._ .. _| Mrs. Hogue & Ct. Rpr. : 
10=18=7/% Filed Ct. Rpr's Transcript of proceedings held in C dale on 9-25-72, before 

Judge. Keady (Kelly). : : : 

10-20-72 | Mailed Record: on pr as designated, to 5th Circuit. 

11-30-72] Report by order of 1-25-71, filed. 
11-22-72} Filed copy of Motion of pltEs.. to return eoset bond & copy. of Judge” S. orders : 

Filed copy of check # 2060 foru$1,500.00 gaysnts to Anderson, Bons, Nichols. & Leventhal 
- as refund of cost bonds on appeal. ; 

4-16-73 .Filed Report to the Court . Kp in ii 7 4 {os Ta 
6-25-73| Filed certified copy of an opinion-order ot 5th Circuit issued as i for the mandate, 

| AFFIRMED & REMANDED. Copy mailed to Ray Mitchell at G'ville. 

7-5-73 | Filed Bill of Costs approved by 5th Circuit & taxed in the amount of $59. 50. 
7-9-73 | Received original record on appeal from 5th Circuit. 

10-29-73 | Notice of Withdrawal of pltfs’ motion to remove & T€lace Bd. of Trustees Filed an 

or about 8-3-72, filed. Copy mailed to Ray Mitchell at G'ville. 
11-30-73 | Filed Report to the Court i yma iL 

3-26-74 | Entered Order, signed by Judge Feely. on 3-25-74, sustaining motion filed 10-14-70(& 
directing that Clerk refund to pltfs., the sum of $250.00 as appeal bond, in COB 1, 'p. 7, 

Certified copy mailed to Clerk for payment. 
4-1-74 | Report to the Court filed. 

L-4-74 Received copy of check & transmittal letter with return receipt showing $250.00 refund 

for cost bond received by counsel for pltfs. 
8-1-74 | Motion for Leave to File Supp'l Complaint & Notice of Motion filed. 

Motion for Leave to Intervene as a Party Pltf. & Notice of Motion filed.. 

Motion to Shorten Time for Filing Answers to Interrogs. & Notice of Motion filed. 

Interrogatories to Deft. filed. 
Copy of all motions & notices mailed to Ray, together with copy of proposed supp’'l compt. 

8-16-74] Response in Opposition to Motion of Joseph Hardy for Leave to Intervene as a Party 
Plaintiff filed. Copy mailed to Judge Keady at G'ville. 

8-23-74 | Received copy of letter from Judge Keady to counsel with regard to attorney's fees. 
8-23-74 | Entered Order, signed by Judge Keady on 8-22-74, denying motion of Joseph Hardy t¢ 

intervene as a party pltf. but w/o prejudice to his right to file independent action. 

COB 11, pages 239 & 240. 

9-18-74 | Entered Order, signed by Judge Keady 9-16-74,(1) allowing Pltfs 30 days to file 
motion for fees enumerating legal services rendered prior to 7-1-72 etc., (2) that 
within 15 days after receipt of motion and accompanying affidavits, defts. shall 
respond, (3) that sworn responses must be made by defts to all statements of fact 
made under oath by pltfs or their representatives, (4) that the issue of attys 
fees is set for full hearing at Clarksdale on 12-18-74 at 9:00 A.M. and (5) that 
the court schedules a pretrial conference on 12-11-74 at 1:30 P.M. in Clarksdale. 

COB ii, page 264. Notice of entry mailed counsel. 

9-18-74 | Mailed notice of Pretrial Conference to be held in Clarksdale on 12-11-74 at 
1:30 P.M. to all concerned. 

10-25-74 Entered Order, signed by Judge Keady, allowing pltfs. an add'l 60 days within whith 

to file documents enumerated in Ct's 9-16-74 order, in COB 12, page 17. 
11-27-74 | Report to the Court called for by order. of 1-25-71, filed. 

: SEE NEXT PAGE 



D. C. 110 Rev. Civil Docket Continuation 

Hens (fly Clarksdale Schools ® 
LY 

DC6428-K 

DATE PROCEEDINGS Lorin Dre 

1-10-75 | Affidavit in Support of Motion for Award of Attorney's Fees filed. Copy mailed t¢ 

Judge Keady by counsel. 

1-22-75] Affidavit in Support of Award of Pltfs' Attorneys' Fees filed by Melvin Leventhal. 

Copy mailed to Judge Keady by counsel. Ee i 
2-20-79 Entered Order, signed by Judge Keady on 2-18- 75, RIT defts. an add'l 30 days 

from date in which to file response to pltfs' motion & affidavits as required by 

Ct's order of 9-16-74, in COB 12, page 220. 

3-24-75 Report to the Court called for by order of 1-25-71, filed. 

9-29-75 | Mailed Notice of Hearing on Issue of Attys' Fees set for G'ville on 11-10-75 at 1430. 

10-10-75 Motion for an Award of Attorneys' Fees filed. Copy mailed to law clerk. 

11-5-75 Objections by Defts. to Award of Attorney's Fees with Affidavit of Gycelle Tynes, : 

: Former ‘Superintendent of Schools and Affidavit of Chester H. Curtis; Former Pres. 
of Bd. of Trustees, filed. Copy mailed to law clerk. 

11-11-75 | Entered Order, signed by Judge Keady on 11-10-75, directing pltfs. to pay to Hon. |" 

Melvyn R. Leventhal, counsel for pltfs., the sum of $1,500.00 as attys. fees for 

services since 7-1-72. All claims for services rendered prior to said date are 

denied. COB 14, page 64. Notice of entry mailed to counsel of record. 

12-1-75 | Report to the Court filed. 

12-8-75 Notice of Appeal filed. $250.00 Cash Cost Bond received (R#28076) Copy of notice 

mailed to 5th Circuit, counsel of record & Ct. Rpr. 



AO Form No. 82-Revised 
Form approved by 
Comp. Gen., U. S. 
December 2, 1952 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF MISSISSIPPI 

OFFICE OF THE CLERK 
§ =e 

RR 2 

ORIGINAL 

FOR 

2 

| f— FOR PAYMENT 

THE 

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— 

7 ~~ 

ag [Zc 7/ N
 

DOC. 
NO. sesge a : 

> 

Division i 
DATE ; 

LR 5 75 
CASE OR 
PROCEEDING rns LC oh WA AAT eyo. 

ACCOUNT ol AS. ACCOUNT AMOUNT 

® Clerk’s Filing Fee Registry 
Cash Bail 

Bankruptcy 
Filing Fee Tender 

Referee’s Sal. 
and Exp. Fund 

Restitution 

Miscel. Earnings 
Admission of Attorney 

Other Moneys 
Civil Judgment 

Copy-Compare 

Certificate 

|| Pet'n 

Naturalization 

Decl’n No. 

% 5, fer EL 

Wr oN is HE, 
Total =>» me ——— 

Vg A, 

| Cash ] ree (SY 
®- 28076 



IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

DELTA DIVISION 

REBECCA E. HENRY, et al., 

Plaintiffs, 

VS. NO. DC 6428-K 

CLARKSDATE: MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al.;! 

Defendants. 

NOTICE OF APPEAL 

Please take notice that plaintiffs appeal to the 

United States Court of Appeals for the Fifth Circuit 

from the judgment of the district court of November 10, 

1975, denying plaintiffs' Motion for An Award of Attorneys’ 

fees. 

Le submitted, 

4b, LL vy 
IN R. (ECONoL 

JACK\ GREENBERG 

\PPI ite 2030 DISTRICT OF MISSISS Suite 
ORTHERN FILED 10 Columbus Circle 

New York, New York 10019 

DEC © 1975 : Attorneys for Plaintiffs 

ocr Gillespie, “Clerk 
> 

Li rid 
ya 



CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing 

Notice of Appeal was served by United States mail, 

postage, prepaid, on the 2nd day of December, 1975, 

on counsel for defendants as follows: 

Semmes Luckett; Esg.=: 
121 Yazoo Avenue 
Clarksdale, Mississippi 38614 

i 

(Ly ( Yi \; 4 

z: J \/ ! 
TE ea L 

"MELVYN R. LEVENTHAL 
\ [||a7f4d410-2dba-4b34-b3ba-5a992096eeb3||]