Draft Defendant-Intervenor's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment

    No. 72-747

IN THE SUPREME COURT OF THE UNITED STATES

October Term, 1972

BLOOMFIELD HILLS SCHOOL DISTRICT,

v.

Petitioner,

STEPHEN J. ROTH, UNITED STATES DISTRICT JUDGE, 
EASTERN DISTRICT OF MICHIGAN,

Respondent.

SUPPLEMENT TO PETITION FOR 

WRIT OF CERTIORARI TO THE 

UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT

CHARLES F. CLIPPERT 
1700 North Woodward 
P.O. Box 509
Bloomfield Hills, Michigan 48013  
Counsel for Petitioner

ROBERT V. PETERSON and 
DICKINSON, WRIGHT, McKEAN 
& CUDLIP

1700 North Woodward 
P.O. Box 509
Bloomfield Hills, Michigan 48013  
Of Counsel for Petitioner





1

No. 72-747
IN THE SUPREME COURT OF THE UNITED STATES

October Term. 1972

BLOOMFIELD HILLS SCHOOL DISTRICT,

v.
Petitioner,

STEPHEN J. ROTH, UNITED STATES DISTRICT JUDGE, 
EASTERN DISTRICT OF MICHIGAN,

Respondent.

SUPPLEMENT TO PETITION FOR 
WRIT OF CERTIORARI TO THE 

UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT

Petitioner filed its Petition for Writ of Certiorari in this Court 
on November 21, 1972. This supplement is filed pursuant to Rule 
24 of the Rules of the Supreme Court of the United States to 
advise the Court of events subsequent to that date.

On December 8. 1972, the United States Court of Appeals 
for the Sixth Circuit decided the appeal in Bradley v. Milliken,
___ F.2d______(1972). referred to at page 4 of the Petition.
Subsequently, certain parties and intervenors in Bradley filed 
timely petitions for rehearing and suggestions for rehearing in banc 
in the Court of Appeals. On January 16. 1973, the Court of 
Appeals ordered that the appeal in Bradley be reheard in banc. A 
copy of that Order is attached hereto as an appendix. The effect of 
the granting of the rehearing in banc is to vacate the December 8. 
1972 opinion and judgment of the Court of Appeals (appendix at 
2a). Oral arguments on the rehearing will be held on February 8. 
1973.



2

Since disposition of the appeal in Bradley may render its Peti­
tion moot, petitioner reiterates its request that its Petition for Writ 
of Certiorari be held in abeyance pending final action by the Court 
of Appeals in Bradley. Petitioner will supplement its Petition in 
this Court promptly upon such final action by the Court of 
Appeals.

Respectfully submitted,

CHARLES F. CLIPPERT 
1700 North Woodward 
P.O. Box 509
Bloomfield Hills, Michigan 48013 
Counsel for Petitioner

ROBERT V. PETERSON and 
DICKINSON, WRIGHT, McKEAN 
& CUDLIP

1 700 North Woodward 
P.O. Box 509
Bloomfield Hills, Michigan 48013 
Of Counsel for Petitioner



APPENDIX



la

Nos. 72 -1809-72 -1814  
UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT

RONALD BRADLEY, ET AL.,
Plaintiffs-Appellees,

V . FILED
WILLIAM G. MILLIKEN, Governor January 16, 1973

of Michigan, etc.; Board of Educa­
tion of the City of Detroit,

Defendants-Appellants,
and

James A. Higgins, Clerk

DETROIT FEDERATION OF TEACH- ORDER FOR
ERS LOCAL 231, AMERICAN FED- REHEARING
ERATION OF TEACHERS, AFL - IN BANC
CIO,

Defendant-Intervenor-Appellee,
and

ALLEN PARK PUBLIC SCHOOLS, 
ET AL.,
Defendants-Intervenors-Appellants,

and
KERRY GREEN, ET AL.,

Defendants-Intervenors-Appellees.

Nos. 72-1809, 72-1814

Before PHILLIPS, Chief Judge, WEICK, EDWARDS, 
CELEBREZZE, PECK, McCREE, MILLER, KENT and LIVELY, 
Circuit Judges.

A majority of the circuit judges who are in regular active ser­
vice having so voted, it is ORDERED that these appeals be reheard 
in banc. Rule 35(a), Fed. R. App. P.



Local Rule 3(b) of this court provides that: “The effect of 
the granting of a rehearing in banc shall be to vacate the previous 
opinion and judgment of this court, to stay the mandate and to 
restore the case on the docket as a pending appeal.”

Oral arguments will be heard on February 8, 1973, at 2 p.m.

Entered by order of the court.

/s/ James A. Higgins
CLERK



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