Final Judgment Under Rule 58, Federal Rules of Civil Procedure

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fF UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF MISSISSIPPI 

Post OFFICE DRAWER 190 

GREENVILLE, MISSISSIPPI 38701 

wirrLian C. KeEADY 
CHIEF JUDGE January 3, 1978 

Mrs. Katherine Butts 
Chief Deputy Clerk 
United States Distri 
Oxford, Mississippi 

Re: Delores Norwood v. Cliff Finch 

No. WC 70-53-K 

Dear Katherine: 

For the jacket file I am enclosing Final Judgment under 
Rule 58, F. R. Civ.:P,., which I have today signed. 

Copy is being sent to counsel listed below. 

Yours very truly, 
$= 

{A 
William C. Keady 

/ 

J of € A hms. 7: ( ry 2 de 

WCK/ fg 
Enclosure 

cc: Honorable Melvyn R. Leventhal 
10 Columbus Circle 
New York, New York 10019 

Honorable Peter M. Stockett, Jr. 

Box 220 

Jackson, Mississippi 39205 

 



    

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, ET AL, Plaintiffs 

V. NO. WC 70=53-K 

CLIFF FINCH, GOVERNOR, ET AL, Defendants 

FINAL JUDGMENT UNDER RULE 58, 

FEDERAL RULES OF CIVIL PROCEDURE 
  

Upon receipt of the mandate issued on December 13, 1977, 

by the United States Court of Appeals for the Fifth Circuit, dis- 

missing the appeal from our prior order of March 2, 1976, allow- 

ing attorney fees on the ground that said order was interlocutory 

and hence nonappealable, and upon inspection of the jacket file, 

and the court having concluded that the case is ripe for final 

disposition, that further delay in the allowance of attorney fees 

is contrary to the public interest and to the principles of 

justice and equity, and the court being of the firm opinion that 

the plaintiffs are entitled to an award of counsel fees in the 

sum hereinafter fixed,for the reasons cited in our prior published 

opinion, Norwood v. Harrison, 410 F. Supp. 133 (1976), which hold- 

ing was bottomed upon § 718 of the Emergency School Act of 1972, 

20 USC § 1617, a holding which we now reaffirm, as well as 

declaring an alternative ground for allowing said award is based 

upon the Civil Rights Attorney's Fees Awards Act of 1976, Pub. Law 

94-559, enacted October 19, 1976, 42 USC § 1988, it is ordered 

sua sponte as follows:   

That the members of the plaintiff class represented by 

Delores Norwood through her father Calvin Norwood, Van Siggers 

by his mother Floy Gates Siggers, Audrey Shanda Woodard by her 

father Henry King Woodard, and Andrew Galloway by his mother 

Gertrude Galloway, do have of and recover from the Honorable 

  
  

 



  

Cliff Finch, Governor, in his capacity as Chairman of the Miss- 

Sunil Suake Textbook Purchasing Board, Charles E. Holladay, 

State Superintendent of Education, as Vice-Chairman of the Miss-— 

issippl State Textbook Purchasing Board, W. A. Matthews, Executive 

Secretary of the Mississippi State Textbook Purchasing Board, and 

Larry Tynes, T. M. Stone and Mrs. Jane McCool, members of the 

Mississippi State Textbook Purchasing Board, in their official 

capacity but not individually, and their successors in office, 

and also the Mississippi State Textbook Purchasing Board, as a 

distinct public agency of the State of Mississippi, the sum of 

$23,852 as attorney fees payable to plaintiffs' counsel, Honorable 

Melvyn R. Leventhal, in the amount of $22,102, Honorable James M. 

Nabrit III, $1,750, and the additional sum of $4,999.44 taxed as 

reasonable and necessary costs incurred by the plaintiffs in the 

successful prosecution of this suit. 

For which let execution issue forthwith, and the clerk 

of this court is hereby directed to forward a certified copy of 

this judgment to all defendants hereinabove named, as well as to 

counsel of record for both the defendants and the plaintiff class. 

This, 3rd day of Jamuary, 1978, 

( § \ 0 : hi 1 ot k 

Chief Judge 
United States District Court 

  

       



United States Gort of Appeals 
FIFTH CIRCUIT 

  

EDWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 
CLERK NEW ORLEANS, LA. 70130 

December 13, 1977 TELEPHONE 504-589-6514 

Mr, Norman L. Gillespie, Clerk 
U. S. District Court 
P.O. Box 727 
Oxford, MS 38655 

No. 76-1865 - Delores Norwood, etc., ET AL. v. D, L. 
Harrison, Sr., ET AL. 
(Ds t. Ct. No. CA-WC70-53-K) 

  

Dear Sir: 

KX) Enclosed is a certified copy of the judgment of this Court in the above case 

issued as and for the mandate. 

( ) Enclosed is a certified copy of the Rule 21 Decision in the above case issued as 

and for the mandate. 

( ) Having received from the Clerk of the Supreme Court a copy of the order of 
that court denying certiorari, I enclose a certified copy of the judgment of this Court in 

the above case, issued as and for the mandate. 

( ) We have received a certified copy of an order of the Supreme Court denying 
certiorari in the above cause. This court’s judgment as mandate having already been 

issued to your office, no further order will be forthcoming. 

Enclosed herewith are the following additional documents: 

(XX) Copy of the Court’s opinion. 

(XX) Original record on appeal or review. (2nd suppl. only - all others 
TO BE RETURNED LATER 

( ) Original exhibits. (TO BE RETURNED LATER) 

XX) Bill of Costs approved by this Court. 

Very truly yours, 

EDWARD W. WADSWORTH, Clerk 

By _xfLA4££L<L2 Wb Tal 
Deputy Clerk 

enc. (BILL OF COSTS ONLY) 
ee: ALL COUNSEL OF RECORD [||51634a4f-2a99-46df-a8da-6e54d680d7ff||]