Affidavit in Support of Motion for Award of Attorney's Fees

     [||e668c848-c51e-4567-a84a-d2dce69052f9||] % 

  

September 27, 1974 

Derrick Bell, Esq. 
Professor of Law 

Harvard School of Law 

Cambridge, Mass. 

Dear Derrick: 

Here is my affidavit in 

the Norwood case which I have 

just found in this office. 

Sincerely, 

Melvyn R. Leventhal 

MRL: ja 
encl. 

 



    

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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

  

DELORES NORWOOD, et al., 

Plaintiffs, 

VS. 

D. 1. HARRISON, SR,, et al., 

Defendants. 

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AFFIDAVIT IN SUPPORT Or NOV 

CIVIL ACTION 

NG. WC/70-53-K 

IN 

FOR AWARD OF ATTORNEY': fr .S 
  

STATE OF MISSISSIPPI 

COUNTY OF HINDS::::: 

MELVYN R. LEVENTHAL, being auly 

says: 

i. i have been lead couisel f 

our the course of this litigation, in bot: 

nc the Supreme Court of the Unitea Stat 

2. ' nave cxpenaed t on th. 

at SERV [CE PERFOW MED 
  

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A1SvEICE. GGOUurc 
  

PER What ¢ tiapnzifas Roh 
al LY 

¥ ( 11S Ca 
( - unica County 

¥ Lx RoooK aid; 
cuiratogy ior 1itigat] 
AGG or. ereng 

dccober 1-5, 1rc1ng Jomplaint, re- 
1 OF final approve 

ad filin 

orn deposes ana 

5 chr 

- a ( 

age 11iov 

CAJUN 4 PEN 
  

 



  

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DATE SERVICE PERFORMED HOURS EXPENDED 

October 9 Motion for Leave to 
File Request for 
Admissions 3.5 

October 6-9 Preparation of Requests 
for Admissions 9.0 

October 9 Letter to the Clerk of 
the Court vl 

October 29 Motion for Leave to 
Take Deposition Upon 
Oral Examination oi 

November 4 Review of Answer & 
Complaint, Analysis 
of Issues and pre- 
liminary research 7.0 

November 16-18 Letter to Judge Keady's 
law clerk; telephone 
conversation; prepara- 
tion of order relating 
to requests for 
admissions and pending 
motions 2.5 

December 11 Notice of Deposition 
Upon Oral Examination 
and preparation for such 
deposition 4.0 

November 25 Research on three-judge 
Court and Motion to 
Convene Three Judge 
Court 6.0 

November 17 Letter to clerk of 
District Court in D.C. 2.15 

December 21 Deposition Upon Oral 
Examination of M. A. 
Snowden, Exec. Secretary 
of Textbook Board 55 

December 5-30 Gathering Information and 
preparation of 22 stipula- 
tions of fact, pursuant 
to Court's letter directive 40.0 

1971 
  

January 1-15 Gathering Information and 
preparation of 22 stipula- 
tions of fact, pursuant to 
Court's letter directive 25.0 

February 3-4 Meetings with counsel 
opposite to discuss and 
enter into stipulations 5.0 

February 4 Preparation of Summary of 
Stipulations entered into 
by the parties AR, 

February 1-2 Motion to Compel Answers 
to Request for Admissions 
and Motion to Compel 
Defendants to Compile Data 4.0 

- - 

 



  

Wp te 
DATE 

February © 

February 1-5 

February 12-14 

February 16-18 

February 22 

February 25-26 

March 4 

March 5 

March 11 

June 23 

April 2 

March 1-15 

1. March 29 

2. June 8 

  

    

SERVICE PERFORMED 
  

HOURS EXPENDED 
  

Letter to Three-Judge 
Court 2.0 

Preparation and planning 
for Exhibit A to Plain- 
tiffs' Brief 20.0 

Motion for Leave to 
Supplement the Record 
and Review of Materials 
for inclusions therein 8.5 

Memorandum in Support 
of Pending Motions 11.0 

Conference with the 
Court, Preparation for 
and argument in support 
of pending motions 8.0 

Drafting of Order grant- 
ing plaintiffs' pending 
motions 4.0 

Letter to clerk of Court 
enclosing copies of 
depositions for filing 2.0 

Letter to clerk of Court 
enclosing copies of 
depositions for filing 1.5 

Letter to clerk of Court 
enclosing copies of 
depositions for filing 2:0 

Letter to clerk of Court 
enclosing copies of 
depositions for filing 3.0 

Motion to Appoint Court 
Reporter for Depositions 1.0 

Review of existing 
depositions - (Coffey), 
and analysis of the 
record to determine 
depositions which 
should be taken 15.0 

DEPOSITIONS AND 1/ 
PREPARATION THEREFOR— 
  

Dr. Lloyd Henderson 8.0 

Sam Allen, French 
Camp Academy 1.0 

  

3/pepositions were only taken if subject school was 
a recipient of textbooks and, with one exception, if school 
officials had not been deposed in connection with the Coffey 
litigation. 

 



  

DATE 

3. June 8 

4. June 3 

5. April 26 

6. April. 21 

7. April 26 

S.. April 27 

9. June 7 

10. June 7 

}1. June 3 

12. April 22 

13. April 23 

14. June 4 

15. June 3 

}6. April 22 

17. April 21 

18. June 7 

19. June 3 

20, ‘April 23 

21. June 8 

NM 

SERVICE PERFORMED 
  

  

HOURS EXPENDED 
  

Don Johnson, 
Starkville Academy 

Ms. Betty Cantwell 
and Ms. Wanda L. Walters, 
First Methodist Church 
of Clarksdale 

Harvey S. Jackson, 
Northwest Academy 

William C. Jaudon, Jr., 
Grenada Lake Academy 

Jamie W. Howell, 
Magnolia Heights Academy 

Doug Herring, 
Greenville Christian School 

Robert Leon Holly, 
Greenwood Private Junior 
High School 

Seth 0. Dillon, 
Pillow Academy 

Ms. Helen Bounds, 
St. George Episcopal 
Day School 

A. L. Minor, 
Highway Baptist 
Parochial Academy 

H. D. Graham, 
First Baptist 
Parochial School 

Norman E. Harper, 
Presbyterian Day 
School, Clarksdale 

LaVenna Tucker Wright, 
Clarksdale Baptist 
School 

John Shearer, 
Bayou Academy 

A. R. Smithers, 
Grenada Academy 

Phebe Stewart, 
North Miss. Academy 

Ms. Rebecca Walton, 
Lula Rich Academy 

Frank Alvin Weeks, 
North Miss. Central 

Schools 

Barnard Taylor, 
Carroll Academy 

1. 

No
 

No
 

5 

Oo
 

 



  

DATE 

22. June 8 

23. June 3 

24. June 1 

25. June. 1 

26. April 21 

27. June 3 

23. June 7 

29. June 9 

30. April 26 

31. April 27 

32. June 8 

33. June 1 

34, June 28 

April 20-21 

April 22-23 

April 26-27 

June 1 

June 2-3 

June 6-7 

June 8-9 

April-June 

June 10-25 

July 1-3 

  

Wing i» 
SERVICE PERFORMED HOURS EXPENDED 
  

  

Matthew G. Turner, 
Winston Academy 2. 

Katherine S. Wilson, 
Happy Day School 1. 

Anne Windham, 
We Care Academy 2. 

Michael R. Garrett, 
M & L Academy 2 

Janette Mayhan, 
Calhoun Academy 2. 

Gene L. Barbour, 
Lee Academy 2. 

Ms. Ivy Weems, 
East Tallahatchie Academy 2. 

Joe Thomas, 
North Sunflower Academy 2 

Norman McKenzie, Jr., 
Hillcrest Academy 2. 

Thomas Spight, 
Leland Academy 2. 

M..lL. Branch, 
Montgomery-Carroll Academy 1. 

Howard C. Bowles, 
Chickasav Academy 2. 

M. A. Snowden (#2) 
(Noticed by Defendants) 5 

Travel for Depositions 

Travel for Depositions 

Travel for Depositions 

Travel for Depositions 

Travel for Depositions 

Travel for Depositions 

Travel for Depositions 7. 

Preparation of Nolices 
of Depositions, Hearings 
on Motions to Quash, 
Correspondence with 
counsel for private 
academies No

 

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Preparation of Plaintiffs’ 
Briefs to the District Court 35. 

Preparation of Oral 
Argument, exhibits and 
Stipulations 20. 

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DATE 
ES ——— 

July 9 

July-August 

I1 IN THE SUPREME 

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SERVICE PERFORMED 
  

  

HOURS EXPENDED 
  

Oral Argument to the 
District Court 

Motions to Supplement 
the Record 

[District Court Opinion 
and Order Denying All 
Relief - 4/18/72] 

5.0 

3. 0 

  

Total in District Court 

Award Requested: 
  

404.85 x $35. = $14,169.75 

COURT OF THE UNITED STATES 
  

May 5, 1972 

May 16 

July 1-14 

June 22 

November 1 

November 11 

December 

January 1-22, 
1973 

February 12-13 

February 16-20 

February 20-22 

Conference [with James Nabrit, 
Jack Greenberg | 

Notices of Appeal (S. Ct. 
and Fifth Circuit) 

Jurisdictional Statement 

Motion to Stay Proceed- 
ings on Appeal in Fifth 
Circuit 

Motion for Leave to 
Proceed on Appeal in 
Forma Pauperis, 
preparation of affidavits, 
and filing 

Application for Extension 
of Time to file Single 
Appendix and to file Brief 
for Appellants 

Stipulation on the Contents 
of Single Appendix, con- 
ferences with counsel 
opposite, preparation and 
filing 

Appellant s' Brief 

Appellants' Reply Brief 

Preparation for Oral 
Argument-Review of 
briefs, research and 
moot presentation 

Oral Argument - Supreme Court 

No
 

75. 
i 

40. 

15. 

20. 

404.85 

Cc
) 

0 

 



  

Sep ie 
DATE : SERVICE PERFORMED HOURS EXPENDED 

  

    

February 20-22 Travel to Supreme Court 8.0 

grea [SUPREME COURT OPINION - 
June 25, 1973] : 

  

Total in Supreme Court 183.0 

Award Requested: 
  

183. x $50. = $9,150. 

IIT On Remand from the Supreme Court 
  

  

1973 

July 13-14 Preparation of Proposed 
Order on Remand 10.0 

July 25 Hearing on Proposed 
Order on Remand 
(N. Stewart) 8.0 

August 31 - 
September 4 Review of Certification 

Forms filed by defendants 18.0 

September 19 Review of Certification 
Forms filed by defendants; 
preparation and filing of 
objections 13.0 

February 27 - 
March 1 Hearings, preparation 

and appearances therefor- 
West Tallahatchie Academy, 
Sylva Bay Academy, 
Quitman Educational 
Foundation, North Delta 
Schools, Presbyterian 
Day School, South Haven 
Mennonite, (Hillcrest, 
West Panola and Indianola 
Academies withdrew requests 
for textbook aid upon hear- 
ing or immediately prior 
thereto) = 21.0 

February 22-25 Pre-Trial Proposed Find- 
ings of Fact and Conclusions 
of Law 26.0 

March 25-28 Post Trial Memorandum 10.0 

March 15 Deposition of Leo Classen 6.5 

hy 34 

 



  

"ow — 

DATE SERVICE PERFORMED HOURS EXPENDED 

  

    

Preparation, conferences, 
filing of papers, and 
stipulations approving 
textbook assistance for 
each of the following 
schools: 

January 7-9 All Saints Episcopal 
~ of Vicksburg 

January 20-24 Magnolia Speech School 

December 18, 1973 Gulf Coast Education Center 

February 1-4 Jackson Christian Academy 

February 18-19 Shalimar School 

February 5-11 St. John's Day School 

January 15-21 Education Center of Jackson 

January 20-22 Karitas Community School 

April 25-28 Westminister Academy 

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May 13 Willowood Development Center 

  

Total 141.5 

Award Requested: 

141.5 x $40 = $5,660, 

  

3. In summary, I have expended time and request an 

award of fees, as follows: 

In the District Court, 
404.85 hrs. x 835. = $14,169.00 

In the Supreme Court, 
183 hrs. x §50,. = 9,150.00 

On Remand to District 
Court, 
141.53 hrs. x §40. = 5,660.00 

  

Total Requested: $28,979.00 
  

A 
{er 

This “ day of August, 1974. 

  

Sworn and subscribed to 
this 74 day of August, 
1974 [||e668c848-c51e-4567-a84a-d2dce69052f9||]