Defendant-Intervenor's Answer to Emergency Motion and Memorandum in Support with Cover Letter

    R q t h e , M a r s t o n , M a z e y , S a c h s , O ’ C o n n e l l , N u n n  & F r e i d , P. C.
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D. C h a r l e s  M a r s t o n  
W i l l ia m  M a z e y  
T h e o d o r e  Sa c h s  
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J e a n n e  N u n n  
B e r n a r d  M . F r e id  
M e l v y n  J . K a te s  
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Ro l l a n d  R. O 'H a r e  
Ro n a l d  R. H e l v e s t o n  
Ro b e r t  R. C u m m in s  
B a r r y  P. W a l d m a n  
W . K e n n e t h  W r ig h t  
Ro b e r t  G . H o d g e s  
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D E TR O IT .  M IC H IG A N  4 8 2 2 6  

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December 6, 1972

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2 1 0  B E A R IN G E R  B U IL D IN G  

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P L e a s a n t  4 -3 1 1 0

Mr. Frederick W. Johnson 
Clerk of the Court 
United States District Court 
Eastern District of Michigan 
Southern Division 
133 Federal Building 
Detroit, Michigan 48226

Re: Bradley et al. v. Milliken et al.

Dear Mr. Johnson:
Enclosed please find three (3) copies of Answer 

of Detroit Federation of Teachers, Defendant-Intervenor, 
to Emergency Motion of Detroit Board of Education to Compel 
State Defendants to Fund 180 Day School Year, and Memorandum 
in Support thereof. Also enclosed is Certificate of Service 
indicating service on all interested parties.

TS/dcd
Enclosures
cc: All interested parties on attached

Certificate of Service
Mary Ellen Riordan, President 

Detroit Federation of Teachers



UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

RONALD BRADLEY, et al,
Plaintiffs,

v.
WILLIAM G. MILLIKEN, et al.

Defendants, Civil Action No. 
35257

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

Defendant-Intervenor,

and
DENISE MAGDOWSKI, et al,

Defendants-Intervenor.
/

ANSWER OF DETROIT FEDERATION OF TEACHERS, 
DEFENDANT-INTERVENOR, TO EMERGENCY MOTION 

OF DETROIT BOARD OF EDUCATION TO COMPEL STATE 
DEFENDANTS TO FUND 180 DAY SCHOOL YEAR 

AND MEMORANDUM IN SUPPORT

Theodore Sachs
ROTHE, MARSTON, MAZEY, SACHS, 
O'CONNELL, NUNN & FREID, P.C. 
Attorneys for Detroit Federation 

of Teachers 
1000 Farmer Street 
Detroit, Michigan 48226 
Telephone: 965-3464



UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

RONALD BRADLEY, et al,
Plaintiffs,

v.
WILLIAM G. MILLIKEN, et al,

Civil Action No. 
35257

DETROIT FEDERATION OF TEACHERS, LOCAL 
231, AMERICAN FEDERATION OF TEACHERS,
AFL-CIO

Defendants,

and

Defendant-Intervenor,

and
DENISE MAGDOWSKI, et al,

Defendants - Intervenor.
/

ANSWER OF DETROIT FEDERATION OF TEACHERS, 
DEFENDANT-INTERVENOR, TO EMERGENCY MOTION 

OF DETROIT BOARD OF EDUCATION TO COMPEL STATE
DEFENDANTS TO FUND 180 DAY SCHOOL YEAR

Now comes Intervening Defendant, Detroit Federation 
of Teachers, Local 231, American Federation of Teachers, AFL-CIO, 
and in answer to emergency motion of Detroit Board of Education 
to compel State Defendants to fund 180 day school year, says 

as follows:
1) Intervening Defendant, Detroit Federation of 

Teachers, has no objection to the relief sought in Detroit 
Board's paragraphs 1 through 7, inclusive.



2) Defendant-intervenor, Detroit Federation of 
Teachers, objects to the relief sought in paragraph 8 of
said prayer.

Respectfully submitted
ROTHE, MARSTON, MAZEY, SACHS, 
O'CONNELL, NUNN & FREID, P.C.

Theodore Sachs
Attorneys for Intervening Defendant, 

Detroit Federation of Teachers 
1000 Farmer Street 
Detroit, Michigan 48226 
Telephone: 965-3464

By:

Da ted: December 6, 1972.



MEMORANDUM IN SUPPORT

Defendant Detroit Board of Education moves for emergency 
relief against the State Defendants to require their compliance with 
this Court's July 7, 1972 Order, which requires a 180 day school

year for Detroit in fiscal 1972-73.
As prevailing party on the motion which led to the July 7, 

1972 Order, we obviously concur in the Board's request insofar as it 
seeks to implement and augment such Order. (We would oppose the 
alternative relief prayed in paragraph 8 of the Board s prayer to 
relieve the Board of the 180 day requirement if the State Defen­
dants do not supply the necessary funds, because no material change 
in circumstances has occurred which would warrant modification of
the July 7 Order, which ran to all parties, including not only the

1/State Defendants, but the Board itself).
As oointed out in the Board's own supporting memorandum, 

the law of the case and the law of the land uphold Judge Roth's 
July 7 order and the State's adjudicated ability and responsibility 
to comply with that Order. Moreover, as the United States Court of 
Appeals for the Sixth Circuit said just a few days ago in dismissing 
for want of jurisdiction this same motion when addressed to it, no 
notice of appeal has ever been filed concerning said Order [of July 7,
1972], and time for filing such a notice has long expired." All 
parties, therefore, remain under an obligation to obey said Order and 
it is appropriate that the State Defendants be required to submit 
their plans for compliance with it.
1/ Because the Detroit Board yesterday rescinded its own resolution 

for a mid-year, 8 week closing, we need not address the question 
of the propriety of such premature closing, other than to observe 
that no alleged emergency relative to that projected closing is 
any longer before the Court.



The unchallenged injunctive Order of Judge Roth for a 

full 180 day school year retains the same purposes as when it was 
originally granted, to assure that a metropolitan remedy can, in 
fact, be effectuated; and that equal protection of the laws is assured 
to Detroit school children,guaranteeing comparable treatment to that 
afforded other children in the "desegregation area," as well as in the 

State generally.
Accordingly, insofar as the present motion seeks relief to 

further implement, rather than to rescind, modify, or stay the July 7, 
1972 Order of Judge Roth, the Detroit Federation of Teachers concurs.

Respectfully submitted,
ROTHE, MARSTON, MAZEY, SACHS,
O'CONNELL, NUNN & FREID, P.C.

By:
Theodore Sachs

Attorneys for Intervening Defendant 
Detroit Federation of Teachers

1000 Farmer Street 
Detroit, Michigan 48226 
Telephone: 965-3464

Dated: December 6, 1972