Correspondence from Leventhal to Nabrit and Chachkin; Order

     [||d301b8a4-168e-488f-a873-2c515f6a6451||] ANDERSON, BANKS, NICHOLS & LEVENTHAL 

Attorneys at Law 

  

538%: NORTH FARISH STREET 

JACKSON, MISSISSIPPI 39202 

REUBEN V. ANDERSON POST OFFICE DRAWER 290 

FRED L. BANKS, JR. AREA CODE &01 948-7301 

JOHN A. NICHOLS 

MELVYN R. LEVENTHAL 

NAUSEAD STEWART 

 



ANDERSON, BANKS, NICHOLS & LEVENTHAL 

Attorneys at Law 

538%: NORTH FARISH STREET 

JACKSON, MISSISSIPPI 39202 

REUBEN V. ANDERSON 

FRED L. BANKS, JR. 

JOHN A. NICHDLS 

MELVYN R. LEVENTHAL 

NAUSEAD STEWART July 30 > 1973 

POST OFFICE DRAWER 290 

AREA CODE 601 948-7301 

James M. Nabrit III, Esquire 
Suite 2030 
10 Columbus Circle 
New York, New York 10019 

Norman J. Chachkin, Esquire 
969 West Eighth Street 
Plainfield, New Jersey 07060 

Re: Delores Norwood, et al. vs. 
D. L. Harrison, Sr., €t al. 
Civil Action No. WC/0-53-K 

  

  

Dear Jim and Norman: 

I enclose a copy of Judge Keady's order on remand. 
Also enclosed is a copy of a letter I received from 
the clerk of the Supreme Court relating to clerk's 
costs. 

Just as a reminder - I will assume that you will take 
care of any further taxing of costs in this case in 
the Supreme Court. 3 

Sincerely, 
A 

5 | Ny 

Melvyn R. Leventhal 

0 X J 

MRL:msc 

Enclosures  



  

IN THE UXITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISS 

WESTERN DIVISION 

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DELORES NORWOOD, ET AL, Plaintiffs 

Ve. NO. WC 70-53-K 

D. L.. HARRISON, SR., ET AL, Defendants 

The Supreme Court of the United States having -vacated - 

- 

our prior judgment and remanded the case for further proceedings ©) 

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consistent with its opinion that a certification procedure, sub- 

ject to judicial review, be established to screen private school 

requests for state-owned textbooks, (Norwood v. Harrison, 41 LW 
  

5094): and the three-judge district court having been dissolved Jjuag 

by order of July 9, 1973; and the court having considered the 
pr 

proposed certification procedures advanced by the parties and 

arguments in support thereof; it is 

ermanently enjoined from distributing or otherwise making 
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available state-owned textbo O ks to any private school in Miss- 

: bron os i 5 far 3, ry re ot oma A ot EL ep miter nol aire png ms tn a omy i dnd de issippi which engages in discrimination of any kind or character 

based upon race, creed, color, or national origin. No private 

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school may receive books if it 1s not open a 

students on an equad, NONnGiIsSCriminacory, RASiS. 

- & lelaleTe rch Falla +0 Cus INTC Ne 
2. Any private school whlch Tails TO QuUa.iry IOI s.ate 

A + avian J TIA] Er ath all d= ~ oda ~NA - Ao 
owned textboOKs under 9 above shall return TO state Jeposliories 

all such textbooks in its charde, in accordance Will cT.€ pDLo- 

 



  

3. Defendants shall forthwith implement the following 

certification procedure to assist them, and ultimately the court, 

in determining whether any private school is eligible to receive 

state-owned textbooks in accordance with Constitutional require- 

ments: 

A. Prior to any further shipment of textbooks, defendants 

shall send to each private school in the State, presently hold- 

ing and/or requesting state textbooks, a copy of this order 

and a "Certification and Background Information" form which shall 

conform to "Exhibit AY attached hereto. 

B. Concurrently with the mailing of such form, defendants 

shall request of each such private school that it complete, under 

oath of an authorized representative of such school, the "Certi- 

fication and Background Information" form and return it to 

Textbook Purchasing Board within 15 days, or not later than 

August 10, 1973; and defendants shall advise each private school 

that the failure to file completed “Certification and Background 

Information" form will render it ineligible to receive state- 

owned textbooks for the school year 1973-74. 

C. As soon as practicable, but no later than September 

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g)
 D 10, 1973, defendants shall determine the eligibilit 

‘schools to receive state-owned textbooks for use by its students. 

D. Defendants shall notify each private school of its 

decision as to eligibility or ineligibility and shall concurrently 

file with The clerk of this court and serve upon ocounse 

plaintiffs a copy of its decision and of the Certification and 

 



  

Background Information form and any other supporting evidence. 

Within 15 days after receipt thereof, any party aggrieved by 

the final administrative decision of the defendants may seek 

judicial review by filing in this court objections to the 

certification of eligibility or denial thereof. The court will 

thereafter set the matter for adversary hearing at the earliest 

practicable time upon notice to all persons interested in any 

such appeal. 

4. Due to the special exigencies of the case, the court 

will allow to all schools certified by the defendants to be 

ineligible a grace period of 60 days, expiring at all events 

no later than November 12, 1973, for the surrender and delivery 

to the County Superintendent of Education situated in the county 

of the location of such ineligible private school all state- 

owned textbooks in current inventory in its possession or in 

the custody of the students enrolled at such school. At the 

school's 

time of such redelivery, the/administrative head must give 

notice thereof to the State Textbook Purchasing Board and to 

the clerk of this court. Notwithstanding the foregoing, any 

private school which may challenge the decision of ineligibility 

by the defendants and which has filed an appeal in this court 

in the manner hereinabove provided may apply to £his court and 

seek an extension of the delivery date after showing good cause 

therefor. 

5. It is further ordered that pending the completion 

of the certification procedures above outlined, all private 

 



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schools in Mississippi operated by organizations declared by 

the United States Internal Revenue Service exempt from federal 

income taxes may receive further shipments of textbooks. 

~ 

Defendants shall require reasonable proof from Internal Revenue 
[4   Service as to such organizations operating schools which 

qualify for the foregoing tax exempt status. 

The court retains continuing jurisdiction of this cause 

for the purpose of issuing such further and supplemental orders 

as may be necessary to effectuate the intent of the foregoing 

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& and to carry out the mandate of the Unite 

This, 25th day of July, 1973. 

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N.S. 2 ARE ¢ 

  
SAL fo L > LCA A he SA SU 5 

nd af Tides Gn] 
Chief Judge ta, 

United States District Court 

 



  

. & # 0 

rr TIN "(TY hn wu EXHIBIT "A 

MISSISSIPPI TEXTBOOK PURCHASING BOARD 

CERTIFICATION AND BACKGROUND INFORMATION FORM 
  

  

NAME OF PRIVATE SCHOOL: 
  

ADDRESS (include county): 
  

NAME AND TITLE OF OFFICIAL 

COMPLETING FORM: 
  

GRADES PRESENTLY SERVED BY SCHOOL: 
  

DATE PRIVATE SCHOOL OPENED FOR THE 

FIRST TIME AND GRADES SERVED UPON 

OPENING: 
  

DATE ADDITIONAL GRADES WERE ADDED (if any): 
  

ENROLLMENT AND FACULTY BY RACE: 

  

  

Professional 
ke eo NAR cf ond tudents Staff 

ss vn. ia a 
White 31 ack White Black 

Upon Opening 

September 1969 

February 1970 

September 1970 

February 1971 

September 1971 

September 1972 

September 1973 

(projected) 

TATE WHETHER STUDENTS ATTENDING SCHOOL ARE IDENTIFIED BY 

RELIGION BY SCHOOL RECORDS:   

If ves, state the religion catered to by the school:   

state the number of students, by religion, enrolled 

hool in September 1972: 

~ 

  

= "id If yes, state the number of faculty members, by reli += 

employed by the school in September 1972:   

  

IS THE SCHOOL PRESENTLY RECOGNIZED AS EXEMPT FROM FEDERAL 

INCOME TAXES? YES NO 

T+ «x y C3 a= ud th J = d= " als - = A ~ AYN YT t 3 * - NS Te 
-— he ves, ate the Gate on wWiicCh sald exemp 10 was a CP ION NA 

  

 



  
10. 

11. 

12. 

13. 

14. 

155. 

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DOES THE SCHOOL MAINTAIN EDUCATIONAL STANDARDS ESTABLISHED 

BY THE STATE DEPARTMENT OF EDUCATION? 
  

ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR 

SCHOOL? 
  

es, state the number of such scholarships offered during 

the 1972-73 school year to: a) white students s 

and b) black students ey, 
  

  

ARE SCHOLARSHIPS AWARDED BY PRIVATE INDIVIDUALS TO STUDENTS 

OF YOUR SCHOOL? YES NO 

If yes, state the number of students by rac 

such scholarship assistance during the 1972 

a) black students : and bY whi 
  

HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED? 
  

If ves, then state the number of students, by race, granted i 

such waiver during the 1972-73 school year: a) white 

students ; and b) black students 
  

  

ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF 

ANY ATHLETIC TEAM(S) SPONSORED BY YOUR SCHOOL? 
  

If yes, state the number of such students for the 1972-73 

school year 
  

DOES THE SCHOOL HAVE A WRITTEN AFFIRMATIVE POLICY OF ADMITTING 

STUDENTS IRRESPECTIVE OF RACE? 

:) 

  

if ves, attach & copy Of that p a 

adoption by the governing board of the school 
  

Has the school publicized this policy in a manner that is 

intended to and has been reasonably effective in bringing 

it to the attention of persons of student age (and their 

families) who are of minority groups, including all non- 

whites? 2 XIf veg, attach copies of all notices 
  

Has any member of the school's governing board, administrators 

or faculty taken any action or made any statement qualifying 
~ 

or negating the school's stated policy of open admissions? 

  

STATE THE NAMES AND ADDRESSE S AND RACE oF THE SCEOOCL'S: 

a) Incorporators: 

  

  

  

  

  

 



  

b) Founders: 

  

  

  

  

  

¢) Board Members: 

  

  

  

  

  

17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS 

WHO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL: 

  

  

  

  

  

18. STATE WHETHER ANY INDIVIDUAL, CORPORATION OR ORGANIZATION 

LISTED IN ANSWER TO 16 and 17 HAS ATTEMPTED TO INFLUENCE THE 

SCHOOL TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS. 

  

If yes, state the name of such individual, corporation or 

corporation. 
  

19. STATE WHETHER ANY BOARD MEMBER, OFFICER OR Abi ipisTaTon or 

THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESPOUS- 

ING OR ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIORITY. 
  
  

If yes, list such individual: 

  

  

   



  

I hereby swear (or affirm), under penalties of perjury, that 

the foregoing information is true and accurate to the best of 

knowledge, information and belief. I further understand that this 

affidavit is executed as a condition for supplying Mississippi 

State-owned textbooks to the above named private school, and that 

full and accurate answers are required by order of the United 

States District Court for the Northern District of Mississippi 

dated July 25, 1973, in civil action No. WC 70-53-K, stvled 

Norwood, et al, v. Harrison, et al, on the docket of the court. 

This, day of yr 197 5 
  

  

  

Sworn and subscribed to 

before me this day 

of 397%   
(Name of School) 

  

Notary Public 

My Commission Expires: 

  

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