Norwood v. Harrison Appendix
Public Court Documents
January 18, 1973

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Brief Collection, LDF Court Filings. Norwood v. Harrison Appendix, 1973. dec9c1fc-bf9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/69e63de4-e42a-4943-ae2b-8dca41898d3f/norwood-v-harrison-appendix. Accessed July 13, 2025.
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r Supreme Court, L! S F I L E D APPENDIX J A N 1 8 'vn j ' ! \ f ‘ ' ! MIC.HAEL' R®B."Ss JR*6L£s?K j i n tfje S u p re m e C o u r t ot ttje ^ m te tr s ta te s * October T eem, 1972 No. 72-77 D elores Norwood, et al., appellants, v. D. L. H arrison, Sr., et, al. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI FILED JULY 14, 1972 PROBABLE JURISDICTION NOTED OCTOBER 10, 1972 INDEX Page Docket Entries ............................................................................. 1 Complaint, filed October 9, 1970.................................................. 19 Answer of defendants, filed November 5, 1970.......................... 23 Order convening three-judge district court, filed December 21, 1970 ............................................................................................. 26 Order requiring defendants to compile data and granting other relief, filed March 1, 1971................................................ 28 Plaintiffs’ motion to supplement the record and order grant ing motion, filed August 9, 1971............................................... 31 Plaintiffs’ motion for leave to supplement the record and order granting motion, filed May 15, 1972............................ 39 Notation re Opinion and Judgment of the District Court........ 51 # 2 Attorneys For plaintiff: Hon. Melvyn R. Leventhal, Hon. Fred L. Bank, Hon. Reuben V. Anderson, Hon. John A. Nichols, Hon. 538% North Farish Street, Jackson, Mississippi 39202 Hon. Robert J. Kelly 113 Wood Street Batesville, Mississippi 38606 Hon. Jack Greenberg, Hon. Norman Chachkin Suite 2030 10 Columbus Circle New York, New York 10019 For defendant: Hon. Jesse R. Adams, Jr., Spec. Asst. Atty. Gen., Dept, of Justice, Office of the Attorney General, Jackson, Miss. 39205 Hon. Harvey S. Buck, 203 Jordan Ave., P.O. Box 514, West Point, Miss. 39773—Atty., for Frank Chiles, Headmaster, Oak Hill Academy Hon. Taylor B. Smith, 215 Fifth St., Box No. 1366, Colum bus, Miss. 39701 —Atty. for East Lowndes Educ. Founda tion, Inc., G.T. Buckley Hon. Wm. R. Bradley, P.O. Box 488, Clarksdale, Miss. 38614, Atty. for United Methodist School Principal, Mrs. Betty Cantwell Hon. Frank K. Odom, P.O. Box 1218, Greenwood, Missis sippi 38930—for Greenwood Private Jr. High School Hon.s Lott, Sanders & Gwin, P.O. Box 1176, Greenwood, Miss. 38930—for B. Taylor, Carroll Academy Hon.s Fraiser & Burgoon, P.O. Box 391, Greenwood, Miss. —for Seth Dillon, Pillow Academy, Greenwood, Miss. Hon. P. J. Townsend, Jr., Townsend & McWilliams, Drew, Miss. 38737—for North-Sunflower County Foundation, Hon. William Ward, Box 59, Starkville, Miss. 39759—for Starkville Academy 8 Date 10-13-70 10-14-70 10-28-70 10- 30-70 11- 3-70 11-5-70 11-17-70 11-19-70 11-27-70 11- 30-70 12- 14-70 12-21-70 Proceedings Filed Complaint. Issued Summons, handed same to Marshal. Notice of Judge Keady’s assignment to case mailed to counsel. A-0 78 to Courtroom Deputy. Filed Motion for Leave to File Bequest for Ad missions—copy to Law Clerk. Filed Process of Summons by Marshal’s return —exec.—D.L. Harrison, Sr., Calhoun City, Has Filed Process of Summons by Marshal’s return —exec.—the following at Jackson, Miss. Miss Irene Breland, Garvin Johnston, M.A. Snowden, and Gov. John Bell Williams. Filed Process of Summons by Marshal’s return —exec.-—Jim C. Barnett, Gulfport, Miss. Filed Motion for Leave to Take Deposition Upon Oral Examination. Copy to Law Clerk. Filed Notice of Motion—copy to Law Clerk. Filed Answer of Defendants. Copy to Law Clerk. Filed Notice of Withdrawal of Motion for leave to take Deposition Upon Oral Examination dated Oct. 29, 1970 under Buie 30. Copy to Law Clerk. Entered Order signed by Judge Keady on 11-18- 70, sustaining Motion for leave to file Bequest for Admissions, has been entered in Civil Order Book 20, pages 34 & 35. Notices sent to attorneys. Filed Bequest For Admissions. Filed Besponse to Bequest for Admissions. Filed Notice of Motion. Filed Motion to Convene a Three Judge District Court—copy to Law Clerk. Filed Notice of Deposition Upon Oral Examina tion Copy to Law Clerk. Filed and entered Order signed by Hon. John Brown, Chief Judge, designating Judge James P. Coleman and Judge Orma B. Smith to serve with Judge Keady, to hear and determine the Action. C. O. B. 20, pages 91 & 92. Copies of and Notices mailed to Counsel. Sent Copy to Complaint and Answer to Judge Coleman and Jnd Smith. (Letter dated 12-16-70-received this date) Placed pleadings, sent with Order, in jacket file. 12- 23-70 Placed letter in jacket file to Attorneys from Law Clerk requiring counsel to submit by Jan. 22, 1971, a stipulation. Placed letter in jacket file from Judge Keady to other two Judges Coleman and Smith, stating he was mailing each one a copy of everything in the above file. 1-25-71 Filed Deposition of Marshall Allen Snowden with attachments enclosed. 1- 26-71 Placed letter in jacket file from Law Clerk to Attorney notifying him that he has until Feb. 4, 1971 to file stipulation of uncontradicted facts which court has ordered counsel to submit. (Lev- enthal—Attorney) 2- 1-71 Filed Motion For Accounting and Notice of Mo tion. Copy to Law Clerk. 2-4-71 Filed Motion To Compel Answers To Request For Admissions Or In The Alternative Motion To Supplement The Record. Copy to Law Clerk. Mailed File to Greenville. 2-4-71 Placed letter in jacket file From Law Clerk (Hail- man) to Attys/notifying them that a hearing will be held on all motions pending at 10 A. M. on Mon., Feb. 22, in Greenville 2-5-71 Filed Stipulation: Constested and IJncontested Issues of Fact and Law; Filed copy of each of the twenty stipulations entered into by par ties. Copies sent to Judges, and Jesse R. Jr. Esquire 2-8-71 Filed Motion to Compel Defendants to Compile Date—copies to Judges by Attorney. 2-12-71 Placed letter in jacket file from Judge Keady to Attorneys setting conference with counsel for Feb. 22 following argument on Motions. 2-16-71 Filed Motion For Leave To Supplement The Record. Filed Notice Of Motion. Copy to Law Clerk. 2-23-71 Placed Courtroom Deputy Sheet in jacket file— that hearing on 4 Motions be sustained. 2-25-71 Filed Stipulation #21—copies to Law Clerks (Hailman & Dodson) 4° 5 3-1-71 Entered Order signed by Judge Keady on 3-1-71, granting Plaintiff’s Motion for Accounting, Mo tion to Compel Deft’s, to Compile Data, Motion for Leave to Supplement the and Motion to Com pel Answers to Request for Admissions or in the Alternative Motion to Sup the Record, has been entered in Civil Order 20, pages 167-170. Copy of Order sent to Counsel Notice of Entry Mailed. 3-4-71 Filed Deposition of Arthur Choate Filed Deposition of Delbert Ronald Coggins Filed Deposition of Glenn A. Cain Filed Deposition of Bernice Lowe and Joseph Emmett Logan Filed Deposition of William DeWitt Mosely Filed Deposition of D.B. Floyd Filed Deposition of Billy E. Daniels Filed Deposition of Bernard Waites Filed Deposition of Jimmy H. Isbell 3-5-71 Filed the following copies of depositions on the following: W.E. Boggan, John E. Collier, Lamar Fortenberry, Donald Hopper, Holace Morris, George F. Pettey, Carl Franklin Drake, Rever end Melvin R. Porter, Franklin Haire, Preston M. Cochran, Thomas H. Blakeney, A.E. Mc- Gahey, James Franklin Hughes, John 0. Eth ridge, James D. Stoddard, Alton Rogers Zach ary. 3-11-71 Filed Deposition of Billye G. Dendy. Filed Deposition of Alton Roger Zachary Filed Deposition of Alton Roger Zachary Filed Deposition of Dr. James D. Gilbert Filed Deposition of M. E. Rhodes Filed Deposition of Diane Douglas Tanksley Filed Deposition of James Arthur Nowell Filed Deposition of Harry Eugene Horne W; Filed Deposition of John E. Manor Filed Deposition of Lawrence W. Owens Filed Deposition of Joe Sheppard Fied Deposition of David C. White Filed Deposition of Vivian M. Hood Filed Deposition of Henry A. Trotter 6 3-16-71 3-17-71 3-23-71 3-24-71 3-22-71 3-25-71 3-25-71 3-25-71 3-25-71 3-25-71 3- 15-71 Filed Deposition of Mrs. Mava Taylor Filed Deposition of Earl W. Edwards Filed Deposition of Dewitt A. Dixon Filed Deposition of William J. Simmons Copies also sent to Judges. Filed Notice of Depositions Upon Oral Examina tion. Deposition Subpoena To Testify or Pro duce documents ot Things Attached. Placed letter in jacket file from Leventhal to U. S. Marshal, John H. Phillips and Mr. Garald K. Baldwin concerning change of date upon which the witnesses are to appear. Filed Notice of Deposition upon Oral Examina tion-copy to Law Clerk. Filed Motion to Quash Subpoena Duces Tecum on the following: Mrs. Betty Cantwell, Gene L. Barbour, and Rebecca H. Walton. Filed Motion To Quash Subpoena Duces Tecum. Copy to Law Clerk. Filed Motion to Quash Subpoena Duces Tecum (Mrs. George Bounds) copy already mailed to Law Clerk. Filed Motion to Quash Subpoena Duces Tecum (Mrs. LaVenna Wright)—copy to Law Clerk. Filed Copy of Motion to Quash Subpoena Duces Tecum (Norman E. Harper) original already mailed to Law Clerk, (with attachments at tached). Filed Stipulation #22. Copy to Law Clerk. Filed Motion To Quash Subpoena Duces Tecum. (Filed by J. Trawick, Clarksdale) on 24th. Copy mailed to Judge Keady. Filed USM285 with Returns that Subpoena & Notice of Deposition were served on the follow ing: Saint Elizabeth Catholic School by Sister Elizabeth Jean, First Presbyterian Day School by Dr. Norman Harper; First United Methodist School by Mrs. Cantwell; Lula Rich Academy by Rebecca H. Walton; St. George’s Episcopal Day School by Mrs. George Bounds/; Gene L. Bar bour, Principal, Lee Academy; Mrs. LaVenna Wright, Clarksdale Baptist School; Principal, 7 Happy Day School; Principal, Lula Rich Junior High School; all served on 3-15-71. 3-26-71 Filed Summary of Stipulations Entered By The Parties. Copy to Law Clerk. 3- 26-71 Entered Order signed by Judge Keady on 3-24- 71, Order Postponing Deposition of Norman E in Civil Order Book 20, pages 219 & 220. Copy of Order has been sent to Counsel. Notice of Entry Mailed. 4- 2-71 Filed Motion to Appoint Court Reporters Filed Notice of Motion—copies of above to Law Clerk. 4-5-71 Filed Notice of Depositions Upon Oral Examina tion. Copy to Law Clerk. 4-6-71 Entered Order signed by Judge Keady on 4-5-71, Appointing Persons To Administer Oaths ap pointing Elizabeth Evans and Nancy West as officers authorized to administer oaths and take testimony of persons whose depositions have been or will be noticed, in Civil Order Book 20, page 227. Copy of the Order has been sent to Counsel. Notices of entry mailed. 4-15-71 Filed Motion to Quash or in the Alternative for Protective Order—copy to Judge by Attorney. Filed Motion to Quash Subpoena Duces Tecum —copy to Law Clerk. 4-15-71 Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things exec. Headmaster of M & L Academy at Nettleton, Miss, on 4-12-71 Served Michael R. Garrett (Bennett DUSM) 4-15-71 Filed Process of Deposition Subpoena To Tes tify Or Produce Documents of Things by Marshals Return exec. Headmaster, Chickasaw Academy at Van Fleet, Mississippi, Howard C. Bowles on 4-12-71, Bennett DUSM. 4-15-71 Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal, North Mississippi Academy (Calvary Baptist Church) Mrs. Tom C. Stewart, on 4-15-71. Williams DUSM 4-16-71 Filed Process of Deposition Subpoena To Tes- 8 4-16-71 4-16-71 4-16-71 4-16-71 4-16-71 4- 16-71 tify or Produce Documents or Things by Mar shal’s Return exec. Principal, Montgomery- Car- roll Academy, Marion L. Branch, on 4-15-71. (Jones, DUSM) (Winona, Miss.) Pilled Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal of Kirk Academy, Allen R. Smithers, on 4-15-71 at Grenada, Miss., (Jones, DUSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal of Grenada Lake Academy, William C. Jaudon, on 4-15-71 at Gore Springs, Mississippi. (Jones, DUSM) Piled Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Headmaster, Calhoun Acad emy, Mrs. Jeanett S. Mayhan, on 4-15-71 at Cal houn City, Mississippi. (Jones, DUSM) Entered—Order signed by Judge Keady on 4- 15-71, ordering that deposition subpoena no ticed by Plaintiffs for April 20,1971 at Aberdeen is stayed pending a consolidated hearing by the Court of numerous identical motions to quash depositions filed by officials of other private schools situated. Counsel will be given notice in the future of the time date & Place of hearing; in Civil Order Book 20, page 240 Copy of Order has been sent to Counsel. Notice of entry mailed. Piled Process of Subpoena by Marshal’s Return exec. HeadMaster, Starkville Academy Don Johnson on 4-13-71 at Starkville, Miss. (Phillips U.S.M.) Piled Process of Subpoena by Marshal’s Return exec. Principal We Care Academy, Paye Brant on 4-13-71 at Kosciusko, Miss. (Phillips USM) Piled Process of Subpoena by Marshal’s Return exec. Headmaster, Winston Academy, M. G. Turner, on 4-13-71 at Louisville, Miss. (Phillips U.S.M.) Piled Process of Subpoena by Marshal’s Return exec. Principal, French Camp, Miss. Sam Allan, 9 4-19-71 4-20-71 4-20-71 4-20-71 4- 21-71 on 4-13-71 at French. Camp, Miss. (Phillips USM) Filed Process of Subpoena by Marshal’s Return exec. Principle, Ministerial High School West Point, Miss. (William Robbins), on 4-12-71. (Phillips USM) Filed Process of Subpoena by Marshal’s Return exec. Principal Oak Hill Academy, Frank Chiles, on 4-12-71 at West Point, Miss. (Phillips USM) Filed Process of Subpoena by Marshal’s Return exec. HeadMaster, Pheba Academy, Mrs. Sarah Jackson, on 4-12-71 at Pheba, Miss. (Phillips USM) Filed Process of Subpoena by Marshal’s Return exec. Headmaster, East Lowndes Academy 0. T. Buckley, on 4-12-71 at Steens, Mississippi. (Phillips USM) Entered Order signed by Judge Keady on 4-16- 71, ordering that the deposition and subpoena production of documents noticed by Plaintiffs for Mon. April 19, 1971 at 4 p.m. at Aberdeen, Miss, is stayed pending a consolidation hearing by Court of numerous identical to quash depositions filed by officials of other private schools similarly situated. Counsel will be given notice of time, date and place of hearing, in Civil Order Book 20, page 242. Copy of order has been sent to Counsel. Notice of entry mailed. Filed Motion To Quash or in the Alternative For Protective Order. Copy to Law Clerk. Filed Process of Deposition Subpoena To Tes tify or Produce Documents of Things by Mar shal’s Return exec. Headmaster of College Hill Academy, Mr. Adkins on 4-20-71 at Oxford, Miss. (DUSM Williams) Filed Motion to Quash or in the Alternative for Protective Order—copy to Law Clerk. Filed Motion To Quash Subpoena. (Mrs. Stew art, North Mississippi Academy) with Affidavit attached. Filed Notice of Motion. Copy to Law Clerk. 10 4-21-71 Filed Motion To Quash or in the Alternative For Protective Order. Copy to Law Clerk. 4-21-71 Filed Process of Deposition subpoena to testify or produce Documents or Things by Marshal return exec. Principal, Paynes Academy, Charleston, Miss, on 4-20-71. (Hasting DHSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Thing by Mar- _ shal’s Return exec. Principal, West Tallahatchie Academy, Summer, Miss, on 4-19 (Hasting, DHSM) Filed Process of Deposition Supbpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Headmaster, Bayou Acad emy, Skene, Mississippi on 4-19-71. (Hasting, Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal, North Central Mississippi Schools, (Enid Academy) Enid, Mis sissippi on 4-20-71. (Hasting, DUSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal First Baptist Pa rochial, Batesville, Miss, on 4-20-71 (Hasting, DHSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal, Presbyterian Day School, Cleveland, Miss, on 4-16-71. (Hasting, DHSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Headmaster, West Panola Schools, Inc., Batesville, Miss, on 4-20-71. (Hast ing, DHSM) Filed Process of Deposition Subpoena To Tes tify or Produce Documents or Things by Mar shal’s Return exec. Principal Duncan Academy, Duncan, Miss, on 4-19-71 (Hasting DHSM) 4-22-71 Filed Motion To Quash Subpoena Duces Tecum in behalf of Mrs. Weems, Principal of Paynes 11 4- 22-71 4-22-71 4-22-71 4-22-71 4- 22-71 Academy, Charleston, Miss. Sent copy of motion to Hon. Levanthal and Hon. Judge Keady. Filed Motion To Quash Subpoena Duces Tecum in behalf Lamar Leggett, Principal of West Tallahatchie Academy, Summner, Miss. Attorney mailed copy of Motion to Hon. Levanthal and to Hon. Judge Keady. Entered Order signed by Judge Keady on 4-21- 71, ordering that taking of certain deposition and subpoena issued pursuant thereto directed to G-reg Adkins is hereby stayed until further order of this court, in Civil Order book 20, page 245. Copy sent to Counsel. Notice of entry mailed. Filed USM-285 (Marshals Form) of Deposition Subpoena To Testify Or Produce Documents or Things with return unexecuted Principal, Light house Christian Academy, Olive Branch, Miss. Notice of Depositions Upon Oral Examination attached. Filed Process of Deposition subpoena To Testify or Produce Documents or Things by Marshals return exec. Headmaster, Northwest Academy, Arkabutla, Miss, on 4-21-71. (Hasting, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s return exec. Principal, Highway Baptist Paro chial Academy, Southhaven, Miss, on 4-21-71(1) (Hasting, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Headmaster, Magnolia Heights Schools, Senatobia, Miss, on 4-21-71. (Hastings, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Headmaster, Hillcrest Academy on 4-21-71. (Hasting, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Headmaster, Leland Academy, Leland, Miss, on 4-21-71. (Baldwin DUSM) Filed Process of Deposition Subpoena To Testify 12 or Produce Documents or Things by Marshals Return exec. Headmaster, Washington School, Greenville, Miss, on 4-21-71 (Baldwin DUSM) 4-26-71 Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Principal, Carroll Academy, Car rollton, Mississippi on 4-23-71. (Hasting, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Principal, Greenwood Private Jr. High School, Greenwood, Miss, on 4-23-71. (Hast ing, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Principal, Pillow Academy, Green wood, Mississippi on 4-23-71. (Hasting, DUSM) 4-26-71 Filed Motion For Order That Deposition Not Be Taken on behalf of Bernard Taylor, Principal of Carroll Academy, with attachments. Copy to Law Clerk. Filed Motion To Quash Subpoena on behalf of Bernard Taylor with Affidavit and attachments. Copy to Law Clerk. Filed Motion To Quash Subpoena on behalf of Seth Dillon, Principal of Pillow Academy. Copy to Law Clerk. Filed Motion For Order That Deposition Not Be Taken on behalf of Seth Dillon, Pillow Academy. Copy to Law Clerk. 4-26-71 Filed Motion For Order That Deposition Not Be Taken on behalf of Robert Leon Holly, Principal of Greenwood, Private Jr. High School. Copy to Law Clerk. Filed Motion To Quash Subpoena on behalf of Robert Leon Holly, Principal of Greenwood, Private Jr. High School. Copy to Law Clerk. 4-27-71 Filed Motion To Quash Subpoena Duces Tecum on behalf of Joe Thomas, Headmaster of North Sunflower County Foundation, Inc. Copy to Law Clerk. Filed Motion To Quash Subpoena Duces Tecum on behalf of Joe Thomas, Headmaster of North 13 4-27-71 4-27-71 4- 28-71 5- 11-71 5-13-71 5-17-71 5-21-71 4- 27-71 5- 21-71 Sunflower County Foundation, Inc. Copy to Law Clerk. Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return exec. Principal, Greenville Christian Day School, Greenville, Miss, on 4-26-71, (Hasting’, DUSM) Filed Process of deposition Subpoena To Testify or Produce Documents or Things by Marshals’ Return exec. Headmaster, North Sunflower Academy, Ruleville, Mis. on 4-26-71 (Hasting, DUSM) Filed Process of Deposition Subpoena To Testify or Produce Documents or Things by Marshal’s Return Headmaster, Central Delta Academy, Inverness Baptist Church on 4-26-71. Returned Unexecuted, Could not locate school. (Hasting, DUSM) Filed Motion To Quash Subpoena Duces Tecum on behalf of Don Johnson, Starkville Academy. Copy to Law Clerk. Placed Notice of Hearing on Pending Motions To Quash Depositions in jacket file. Mailed to Coun sel Concerned. (Positively No Continuance) Entered Order signed by Judge Keady on 5-12- 71, ordering that William 0. Luckett have per mission to withdraw as said counsel for Sister Elizabeth Jean Fracchia, Principal of St. Eliza beth School. Mailed Copy to Hon. Leventhal. Notice of Entry Mailed. COB 20, page 261. Filed Motion To Quash Subpoena Duces Tecum. Copy to Law Clerk. Filed Notice of Motion. Entered Order, signed by Judge Smith on 5-20- 71, staying notices and subpoenas to compel private sch. officials to appear and be deposed outside the county of their residence and schools; representatives of private schools have to May 30,1971 to file affidavits, in COB 20, page 273-274. Notice mailed to counsel. Placed Courtroom sheet in jacket file—Hearing on 5-19-71. 14 5-25-71 5- 28-71 6- 1-71 5- 27-71 6- 4-71 6-4-71 6-11-71 6-14-71 5- 24-71 Filed Motion For Preliminary Injunction— Mailed copy to law clerk. Filed Amended Notice of Depositions Upon Oral Examination. Copy to Law Clerk. Filed Motion To Quasli Subpoena, Hon. Andreq K. Naugle, III Atty. for Plieba Academy, West Copy to Law Clerk. Placed letter in jacket file to Attys. from John Hailman, Law Clerk to Judge Keady informing them that case has been firmly set for final hear ing before 3-Judge Court at 10:00 A. M., July 9, 1971 in Greenville, Miss. Eeceived in Clarksdale—letter from Brunini, Everett, Grantham & Quin stating that they represent Sister Elizabeth Jean Fracchia, Prin cipal of St. Elizabeth School. Filed Amended Notice of Depositions Upon Oral Examination. (Melvyn R. Leventhal) Copy to Law Clerk. Filed Second Motion To Quash Subpoena Duces Tecum. (Gene L. Barbour, Principal of Lee Academy, Clarksdale, Miss.) Filed Second Motion To Quash Subpoena Duces Tecum, (Rebecca H. Walton, Principal of Lula, Mississippi) Copies mailed to Francis by J. Trawick, Clarksdale, Miss.) *Filed Motion To Dismiss & Response to Order filed by the Internal Revenue Service in connec tion with Green Y. Kennedy, No. 1355-69, D.C. on Sept. 30,1970 & Aug. 21,1970 * (certified copy of above) Copies have been sent to all 3 three judges by Leventhal. Filed Additional Deposition taken by the United States in Connection with Coffey v. State Edu cational Finance Commission. Civil Action No. 3906. (Loretta Turner, Theodore Prevost, Luther W. Tanner, Mrs. Robert Morton, Barbara Creek- more, Ecr. John Andrew, Dr. Gus A. Bynum, Burnice W. Smith, Harry L. Marsalis, Harold A. Thompson, Medford Evans, William Simmons, Louis W. 15 6-17-71 6- 16-71 6-23-71 6- 30-71 7- 1-71 7-7-71 7-8-71 7- 9-71 Hollis, Richard Morphew, Mrs. Eloise Alderman and etc. Filed Deposition of Lloyd R. Henderson, Ph.D. Placed exhibits in file 1-16. Filed Depositions of Officers of the following schools in connection with Coffey Y. State Edu cational Finance Commission, Civil Action No. 3906: North Delta School, Inc., County Day School, Jackson, Academy, South Side Academy, Vicksburg Academy (Citizens Educational Foun dation), South West Academy, Lamar School Foundation, Cruger-Tchula Academy, Canton Academy, Indian ola Educational Foundation, East Holmes Academy. Filed depositions taken by the United States in connection with Coffey V. State Educational Finance Commission, No. 3906: Jefferson Davis Academy, Columbus Educational Foundation, Deer Creek Educa. Institute, Inc., Harrison County Private School, Sharkey-Isssaquenna Lula-Rich Educational Foundation, Inc. Mailed File to Greenville. Filed Depositions of the following: Janette Mayhan, Frank Alvin Weeks, Norman McKenzie, Jr., Thomas Spight, Joe Thomas, Bernard Taylor, Howard C. Bowles, Jamie W. Howell, A. E. Smithers, H. D. Graham, William C. Jaudon, Jr., Charles (Brownie Tohill, Harvey S. Jackson, A. L. Minor, Phoebe Stewart, Doug Herring. (Mailed to Greenville, Miss.) Filed Deposition of M. A. Snowden. (Filed in Greenville by M. Guyton) Filed Stipulation entered into between the par ties. Copy to Judge’s Smith’s Law Clerk, orig inal to Oreenville where file is. Placed letter in jacket file from Hon. William E. Lamb, Oxford, Miss, to Hon. M. Leventhal in forming him that the information submitted in the letter is an alternative to the taking of the deposition of Greg Atkins, former Headmaster of College Hill Academy, Oxford, Miss. 16 7-13-71 7-19-71 7-20-71 7- 12-71 7-23-71 7-21-71 7- 29-71 8- 3-71 8- 9-71 Filed Deposition of Michael R. Garrett. Filed Deposition of Anne Windham. Filed Deposition of Matthew G. Turner, (mailed to Greenville) Filed Motion and Notice of Motion. Copy to Law Clerk. Entered Order signed by Judge Smith on 7-19-71, ordering Plaintiffs may prepare a Reply Brief, to be transmitted to each member of the Court no later than July 30, 1971, in Civil Order Book 20, page 317. Copies of Order have been sent to Counsel & Notice of Entry mailed. Mailed to Greenville to be placed in file. Filed Deposition of Robert Leon Holly.; of Greenwood, Miss. Filed Deposition of Don Johnson of Starkville, Miss. Filed Deposition of Norman E. Harper, of Clarksdale, Miss. Filed Deposition of Seth 0. Dillion of Green wood, Miss. Mailed to Greenville. Filed Deposition of John Shearer, of the Shaw Educational Foundation and the Bayou Acad emy. Filed Deposition of Lamar Leggett of Tutwiler, Miss. Filed Deposition of Mrs. Ivy Weems, Tippo, Miss. Mailed to Greenville, Miss. Filed Deposition of M. L. Branch of Winona, Miss. Filed Deposition of LaVenna Tucker Wright of Clarksdale, Miss. Mailed above to Greenville. Filed Deposition of Gene L. Barbour of Clarks dale, Miss. Filed Deposition of Mrs. Rebecca H. Walton of Clarksdale, Miss. Filed Deposition of Kathrine S. Wilson of Clarksdale, Miss. Filed Deposition of Elizabeth P. Dean of Cleve land, Miss. Filed Motion To Supplement The Record. Copy has been sent to Judges Concerned. 17 8- 23-71 9- 3-71 4- 18-72 5- 11-72 5-15-72 8- 10-71 5- 16-72 Filed Notice of Motion. Copy has been sent to the Judges concerned. Charts attached. Entered Order signed by Judge Keady on 9-9-71; Ordered plaintiffs’ post-trial motion to supple ment the record be, and is sustained and the rec ord accordingly supplemented, in Civil Order Book 21, page 11. Copy of Order has been sent to Judges Smith & Coleman & to Attorneys con cerned. Notice of entry mailed. Filed Deposition of Sam Allen, principal of French Camp Academy, with Accountants’ Re port attached. Filed Oral Deposition of Mrs. Helen Bounds (St. George Episcopal Day School, Clarksdale, Miss.) with exhibits attached. (Mailed to Mrs. Guyton, Courtroom Deputy, Aberdeen, Miss.) Filed Opinion Of The Court written by Judge Coleman. Entered Judgment signed by Judge William C. Keady on 4-17-72 ordering: All relief sought by Plaintiffs be and the same is hereby denied and The Complaint is finally dismissed with preju dice. All costs are taxed to plaintiffs; in Civil Order Book 21, page 265. Copies of Judgment are being sent to Counsel concerned and Notice of Entry mailed. J. S. 6 Filed Motion For Leave To Supplement the Record. Copy to Law Clerk. Exhibits attached. Entered Order signed by Judge Keady on 5-15-72 ordering that leave is hereby granted to plain tiffs to supplement and include in the record of this cause the four exhibits to which reference is made in their motion and the Clerk of this Court is directed to make such inclusion, in Civil Order Book 21, pg. 291. Copies of the order have been sent to persons concerned and Notice of Entry mailed. Filed Notice of Appeal to the Fifth Circuit. Copies to all concerned. Filed Notice of Appeal to the Supreme Court of the United States. Copies to all concerned. 18 5-17-72 5- 19-72 6- 1-72 6- 23-72 7- 3-72 Mailed Certified copies of Judgment and “ Opin ion of The Court” to the Fifth Circuit; Court of Appeals as requested and also certified copies of docket sheets and copy of letter from Hon. M. Leventhal explaining how he wants appeal han dled. Mailed copy of Notice of Appeal and Courtroom Deputy Sheet to Mr. Milton Cook, Court Re porter when hearings in above case were heard. Filed transcript of proceedings had on 7-9-71 at 10 a.m. in Greenville before Judges Coleman, Smith & Heady. (J. Kelley) Mailed original record to Supreme Court of the United States. Filed Motion to Stay Proceedings on Appeal and for Retention of Record in the District Court, (copy from U.S. Court of Appeals filed 6-23-72) Filed letter from Court of Appeals that Motion had been Granted. I n T he U nited States D istrict Court for the Northern D istrict op Mississippi W estern D ivision Northern District of Mississippi, Filed Oct. 9, 1970, William T. Robertson, Glerh, By [illegible], Deputy D elores Norwood, by her father Calvin Norwood; V an Siggers, by his mother F loy Gates Sig gers; A udrey Shanda W oodard, by her father H enry K ing W ood ard; A ndrew Galloway, by his mother Gertrude Galloway, plaintiffs, V . D. L. H arrison, Sr., J im C. B ar- Civil Action nett, Irene B reland, Garvin ' No. WC7053-K J ohnston, as members of the Mississippi State Textbook Pur chasing Board; J ohn B ell W il liams, as ex-officio chairman of the Mississippi State Textbook Purchasing Board and M. A. Snowden, as Executive Secretary of the Mississippi State Textbook Purchasing Board, DEPENDANTS. Complaint 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343(3) and (4). This is a suit in equity authorized by 42 U.S.C. § 1983, which seeks to redress the deprivation of rights assured and protected by the Fourteenth Amend ment to the Constitution of the United States. 2. Plaintiffs seek a temporary restraining order and pre liminary and permanent injunctions enjoining defendants from providing, or permitting the distribution or sale of, state purchased and owned textbooks to private racially segregated schools and academies. 19 20 3. The named plaintiffs herein, Delores Norwood, Van Siggers, Audrey Shanda "Woodard and Andrew Galloway are black citizens of the United States residing in Tunica County, Mississippi. They are students in attendance at the public schools of the Tunica County School District. Their right to a racially integrated and otherwise non discrimina tory public school system, vindicated by order of this Court dated January 23,1970 [United States and Driver v. Tunica County School District, Civil Action Nos. DC 6718 and 7013], and their right to the elimination of state support for racially segregated schools, has been frustrated and/or abridged by the creation of the racially segregated Tunica County Institute of Learning and the policies and practices of defendants as set forth below. The named plaintiffs are represented herein by their parents. 4. The named plaintiffs bring this action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. They sue in their own behalf and in behalf of students throughout the state of Mississippi who are aggrieved by the policies and practices of defendants complained of herein. The members of the class on whose behalf plaintiffs sue are so numerous so as to make it impracticable to bring them all individually before the Court, but there are com mon questions of law and fact involved and common griev ances arising* out of common wrongs. A common relief is sought for plaintiffs and all members of the class. The plaintiffs fairly and adequately represent the interests of the class. The policies and practices of defendants com plained of herein are applicable to the plaintiff class gen erally. Moreover, the questions of law and fact common to the members of the class predominate over any question affecting only individual members and a class action is superior to other available methods for adjudication of the controversy. 5. Defendants, members of the Mississippi State Text book Purchasing Board (hereinafter the “ Purchasing Board” ), and their respective addresses are: D. L. Harri son, Sr., Calhoun City, Mississippi; Jim C. Barnett, Gulf port, Mississippi; Irene Breland, Jackson, Mississippi and Garvin Johnston, Jackson, Mississippi. Defendant John Bell Williams is Governor of the State of Mississippi and ex-officio chairman of the Purchasing Board. 21 6. Defendant M. A. Snowden is the executive secretary of the Purchasing Board. He maintains records and other wise administers the Purchasing Board’s programs and activities on a day to day basis. 7. Under the laws of the State of Mississippi, defendants select, purchase, distribute, loan and otherwise dispose of textbooks, in behalf of the State of Mississippi, for the use of children enrolled in the elementary and secondary schools in the State of Mississippi, (Miss. Code Anno. §<§> 6634, et. seq.). Defendants have pursued and presently pursue the unlawful policies and practices complained of herein under the color of authority vested in them by the laws of the State of Mississippi and the rules and regulations promulgated pursuant thereto. 8. Beginning with the 1964-65 school year—when the first school districts in Mississippi were required to integrate under freedom of choice—and through the present, numer ous private schools and academies have been either formed or enlarged, which schools have established as their objec tive and/or have had the effect of affording the white chil dren of the State of Mississippi racially segregated elemen tary and secondary schools as an alternative to racially integrated and otherwise non-discriminatory public schools. 9. The defendants have provided these racially segre gated schools and academies and the students attending such schools, either through sale or loan, textbooks pur chased and owned by the State of Mississippi and have thereby provided state aid and encouragement to racially segregated education and have thereby impeded the estab lishment of racially integrated public schools in violation of plaintiffs’ rights assured and protected by the Fourteenth Amendment to the Constitution of the United States. W h e r e e o e e , plaintiffs respectfully pray that this Court: 1. Forthwith enter an order requiring an accounting by defendants of all textbooks purchased from the State of Mississippi or on loan from the State of Mississippi by private schools and/or the students enrolled therein; 2. Forthwith enter an order preliminarily enjoining de fendants to immediately recall, and otherwise assure the return to state depositories, all textbooks owned by the State of Mississippi presently being used by students in attendance at private schools which have already been 22 adjudged by other United States Courts both in Mississippi and the District of Columbia as racially segregated and which have been formed to provide white students with an alternative to racially integrated and non-discriminatory public schools; 3. Forthwith enter an order preliminarily enjoining de fendants from any further sale or distribution of state owned textbooks to any private school and/or students enrolled therein without first notifying plaintiffs herein and obtaining the approval of this Court; 4. Thereafter permanently enjoin defendants from dis tributing any state owned textbooks to any private school and/or students enrolled therein without first notifying plaintiffs and obtaining approval of this Court and without first establishing that the private school is racially inte grated both as to students and faculty and has not had the effect of frustrating or impeding the establishment of racially integrated public schools. 5. Grant such additional or alternative relief as the Court deems just and equitable. Bespectfully submitted, / s / Melvyn B. L eventhal F eed L. B ax ks B etjben Y . A nderson J ohn A. Nichols 538% North Farish Street Jackson, Mississippi 39202 B obebt J. K elly 113 Wood Street Batesville, Mississippi 38606 J ack Greenberg Norman Chachkin Suite 2030 10 Columbus Circle New York, .New York 10019 Counsel for Plaintiffs 1st T he U nited States D istrict Court for the Northern D istrict of Mississippi W estern D ivision Delores Norwood, et al., PLAINTIFFS v. D. L. Harrison, Sr., et al., DEFENDANTS A nswer of D efendants— Filed November 5, 1970 Tbe Defendants in the above styled action, by and through their attorney, file herewith their Answer to the Complaint filed against them: Civil Action ' No. 70-53-K First Defense This Court has no jurisdiction of the parties nor of the subject matter of this cause. Second Defense The Complaint fails to state a claim against these De fendants upon which relief can be granted. Third Defense Defendants herein have immunity from the action filed herein against them. Fourth Defense Further, in answer to the allegations of the Complaint: ( 1 ) Defendants deny the allegations of Paragraph 1 of the Complaint. ( 2) Defendants admit the allegations of Paragraph 2 of the Complaint. 23 24 (3) Defendants deny the allegations of Paragraph 3 of the Complaint. (4) Defendants deny the allegations of Paragraph 4 of the Complaint. (5) Defendants admit the allegations of Paragraph*5 of the Complaint. ( 6 ) Defendants admit the allegations of Paragraph 6 of the Complaint. (7) Defendants deny the allegations of Paragraph 7 of the Complaint and would state that any statutes referred to therein speak for themselves. ( 8 ) Defendants deny the allegations of Paragraph 8 of the Complaint. (9) Defendants deny the allegations of Paragraph 9 of the Complaint. Defendants deny that Plaintiffs are entitled to any relief in this action and pray that the action be dismissed at Plaintiffs’ cost. Respectfully submitted, A. P. Summer, Attorney General of the State of Mississippi W illiam A. A llain, Assistant Attor ney General of the State of Missis sippi 25 Jesse R. A dams, J r., Special Assistant Attorney General of the State of Mississippi Attorneys for Defendants /&/ by: J esse R. A dams, Jr. C e r t i f i c a t e (omitted in printing) I n- T he U nited States D istrict Court Northern D istrict oe M ississippi [Northern District of Mississippi, Filed Dec. 21, 1970, William T. Robertson, Clerk, By Helen P. Burnett, Deputy] Delores Norwood, by her father Calvin H orwood: Y an S iggers, by his mother F loy Gates S ig gers: A udrey Shada W oodard, by her father H enry K ing W ood ard: A ndrew Galloway, by his mother Gertrude Galloway, p l a i n t i f f s vs. D. L. Harrison, Sr., J im C. B ar nett, Irene B reland, B aryin J ohnston, as members of Missis sippi State Textbook Purchasing Board; J ohn B ell W illiams, as ex-officio chairman of the Miss. State Textbook Purchasing Board and M. A. Snowden, as Executive Secy, of the Miss. State Textbook Purchasing Board, DEFENDANTS. Civil Action No. WC 7053-K (1) Requesting Judge: Honorable W illiam C. K eady Northern District of Mississippi (2) District Judge: Honorable Orma R. Smith Northern District of Mississippi (3) Circuit Judge: Honorable James P. Coleman (4) Date of Order: December 16, 1970 The Requesting Judge (1) above named to whom an ap plication for relief has been presented in the above cause having notified me that the action is one required by Act of Congress to be heard and determined by a District Court of three Judges, I, John R. Brown, Chief Judge of the Fifth Circuit, hereby designate the Circuit Judge (3) and District Judge (2) named above to serve with the Requesting Judge (1) as members of, and with him to constitute the said Court to hear and determine the action. This designation and composition of the three-Judge court is not a prejudgment, express or implied, as to whether this is properly a case for a three-Judge rather than a one-Judge court. This is a matter best determined 26 27 by the three-Judge Court as this enables a simultaneous appeal to the Court of Appeals and to the Supreme Court without the delay, awkwardness, and administrative in sufficiency of a proceeding by way of mandamus from either the Court of Appeals, the Supreme Court, or both, directed against the Chief Judge of the Circuit, the presiding Dis trict Judge, or both. The parties will be afforded the oppor tunity to brief and argue all such questions before the three- Judge panel either preliminarily or on the trial of the merits, or otherwise, as that Court thinks appropriate. See Jackson v. Choate, 5 Cir., 1968, 404 F.2d 910, Jackson v. Department of Public Welfare of the State of Florida, S.D. Fla., 1968, 296 F.Supp. 1341; City of Gainesville, Georgia v. Southern Railway Company, N.D. Ga., 1969, 296 F.Supp. 763; Smith v. Ladner, S.D. Miss., 1966, 260 F.Supp. 918; Hargrave v. McKinney, M.D. Fla., 1969, 302 F.2d 1381; Langford v. Barlow [No. 26770], 5 Cir., 1969, 417 F.2d 628, Langford v. Barlow, W.D. Tex., 1969, 304 F.Supp. 657; / s / J ohn R. B rown Chief Judge Fifth Circuit I n T he U nited States D istrict Court for the Northern D istrict of Mississippi W estern D ivision Delores Norwood, et al., p l a i n t i f f s , v. D. L. Harrison, Sr., et al., DEFENDANTS. Order— filed March 1,1971 Plaintiffs having filed Motion for Accounting, Motion to Compel Defendants to Compile Data, Motion for Leave to Supplement the Record and Motion to Compel Answers to Request for Admissions or in the Alternative Motion to Supplement the Record; and the Court having read, heard and considered argument of counsel and having examined the jacket file; it is hereby Ordered : 1. Plaintiffs’ Motion for Accounting is Granted as follows: A. Defendants shall forthwith post to each private school presently operating in the state of Mississippi a blank Inventory Report form. By cover letter, signed by the defendant executive secretary, each private school shall be directed to file, within fifteen days from the date of the cover letter, a completed Inventory Report which records the number of state owned textbooks presently in use or in stock at the private school. B. Upon the return of completed Inventory Reports de fendants shall prepare a compilation which reflects for each private school presently operating in Mississippi: i) the number of state owned textbooks presently in use or in stock; ii) the cost of such books to the state of Mississippi. 2. Plaintiffs’ Motion to Compel Defendants to Compile Data is Granted as follows: The Attorney General of the state of Mississippi is re quired to promptly prepare and post a letter to the head master or principal of each private school presently operat ing in the state of Mississippi. The letter shall advise each 28 Civil Action _ No. WC70-53-K (Three-Judge Court) 29 private school that this Court requested that it report the following information to the Attorney General within fifeen (15) days: a) The number of students by race presently enrolled in the private school; b) The number of faculty members by race presently employed by the private school; c) The grades served by the private school. 3. No later than ten days after the due date of reports required in paragraphs 1 and 2 above, the Attorney General, or his representative, is requested to notify the clerk of this Court of the names of all private schools which have failed or refused to file either or both reports specified in this order. A copy of the notification to the clerk of the Court shall be sent, by certified mail, to each private school listed in the notification. 4. No sooner than five days after the Attorney General files notification with the clerk of this Court, plaintiffs and/ or defendants, shall seek from this Court further instruc tions and guidance on the methods to be employed to obtain the reports required by this order. And the Court reserves ruling on sanctions to be imposed upon private schools which fail to file the reports required by this order. 5. Plaintiffs’ Motion for Leave to Supplement the Record and Motion to Compel Answers to Request for Admissions or in the Alternative Motion to Supplement the Record are Gbanted as follows: A. The Stipulations of Pact entered by the parties in Coffey v. State Educational Finance Commission, Civil Ac tion No. 3906, S.D. Miss., three-judge district court, and attached to plaintiffs ’ October 9, 1970 Request for Admis sions shall be entered by the clerk of this Court as part of the record herein and shall be considered by the Court as admissions by the state of Mississippi binding upon the State Textbook Purchasing Board; B. Copies of depositions taken by the United States in connection with Coffey v. State Educational Finance Com mission, Civil Action No. 3906, S.D. Miss., three-judge dis trict court, may be filed by plaintiffs with the clerk of this Court and entered as part of the record herein as if plain tiffs had taken such depositions in connection with this action; 30 0. The document referred to as Defendants’ Proffer of Additional Enrollment Statistics, an attachment to the Con sent Order entered on June 26, 1970 in Green v. Kennedy, Civil Action No. 1355-69, D.D.C., three-judge district court, which document is included in plaintiffs’ October 9, 1970 Request for Admissions shall he entered as part of the record in this cause; within thirty days from the date of this order defendants may file with the clerk of this Court, a designation which specifies errors contained in the docu ment. And in the event that defendants fail to designate errors, this Court will consider the information reflected in Defendants’ Proffer of Additional Enrollment Statistics as if fully proved by plaintiffs herein. 6. All reports required by this order and received by the Attorney General or the defendant Textbook Purchasing Board shall be made available to plaintiffs’ counsel for reproduction and inspection. Ordered this 1st day of March, 1971. / s / W illiam C. K eady United States District Judge Approved As To Form: Melvyn R. Leventhal Melvyn R. L eventhal Counsel for Plaintiffs Jesse R. Adams, Jr. J esse R. A dams, J r . Counsel for Defendants 1st T he U nited States D istrict Court for the Northern D istrict of Mississippi W estern D ivision Delores Norwood, et al., Plaintiffs, Civil Action v* [ No. WC70-53-K D. L. H arrison, S r ., et al., Defendants. Motion to Supplement the R ecord— Filed Aiigut 9, 1971 Plaintiffs respectfully move this Court to enter an order supplementing the record in this cause to include the following: 1. A letter received from counsel for the College Hill Academy of Lafayette County recording information re garding that academy which was provided by agreement of the parties as an alternative to the taking of a deposition. 2. A compilation of private non-catholic schools presently receiving state owned textbooks, the number and value of textbooks at each such school, and the number of teachers and students by race at each such school during the 1970-71 school year. This chart was compiled by defendants pur suant to an order entered by Judge Keady and was trans mitted to each member of the Court by counsel for defend ants. But defendants failed to file a copy with the clerk of the Court. 3. A chart styled Interdependence of Public School De segregation and the Formation and Growth of Private Academies, which has been sent to each member of the Court, but which does not as yet appear in the jacket file. All documents referred to herein are attached to and made a part of the motion. Respectfully submitted, / s / Melvtn R. Leventhal F red L. Banks, Jr . 538% North Farish Street Jackson, Mississippi 39202 31 Sectarian N am e o f School N o. o f BooTcs Cost to S tate 1. Presbyterian Day School 264 # 576.45 x 2. French Camp Academy 654 2,672.58 3. Chamberlain-Hunt Academy 829 3,398.82 4. Clarksdale Baptist 2356 5,937.45 5. First United Methodist 1305 3,029.25 6. Presbyterian Day School 1247 2,323.11 7. St. George’ s Episcopal 1340 2,885.54 8. Christ Episcopal Day School 2075 5,218.28 x 9. St. P aul’s Inter-Parochial 1264 2,558.77 *10. St. Andrew ’ s Episcopal 2492 6,600.27 11. Woodland Hills Baptist Academy 2279 5,598.42 x 12. Saints Academy 2148 7,259.40 13. Heidelberg Baptist Academy 1993 5,557.50 14. Jesus Name Faith 85 170.70 15. St. John ’s Day School 1130 2,465.85 16. First Baptist Parochial 630 1,499.64 17. Sylvarena Baptist Academy 1671 4,255.77 x 18. All Saints Episcopal 150 677.70 19. Gospel Lighthouse Christian 119 472.95 T otals 24,031 63,158.45 20. Adams County Private 2513 $ 8,327.34 21. Adams County Christian 3452 8,918.07 22. Amite School Corporation 3950 11,875.26 N o. Students N o. F a cu lty Grades hy B ace * hy B ace S erved 135 W 7 W K-5 99 W 14 W 9-12 360 W 26 W 7-12 424 W 3 O 18 W 1-8 169 W 9 W 1-6 141 * 169 W 11 W K-6 265 W 24 W K-12 154 W 12 B 8 W K-6 403 W 9 B 2 4 W 1 B K-9 428 16 1-10 273 B 17 B 1 W 1-12 295 W 13 W 1-12 44 W 5 W 1-12 182 W 2 L A 12 W K-6 78 W 7 W 1-8 236 W 13 W 1-11 148 W 3 B 15 W 9-12 22 W 3 W 1-12 3611 White 242 White 297 Black 18 Black 3 Oriental 1006 36 1-12 535 W 26 W 1-12 581 W 25 W 1-12 23. Pine Hills Academy 1839 5,194.44 24. Gray Academy 1320 3,932.43 25. Shaw Educational Foundation 1480 4,443.00 26. Calhoun Academy 294 655.14 27. Carroll Academy 358 1,084.83 28. Chickasaw Academy 1420 3,586.17 29. Clarke Academy 387 1,478.04 30. Oak Hill Academy 2348 6,739.17 31. Pheba Academy 675 1 636.14 32. Happy Day School 652 884.73 33. Copiah Academy 2472 7,312.20 34. The Children’s Academy 726 2,588.70 35. Union Private 1578 4,526.16 36. Sanford Academy 787 2,277.54 37. Covington School Foundation 512 1,494.36 38. J. A. Beeson Academy 1531 4,229.04 39. Kirk Academy 842 3,061.74 40. Gremada Lake Academy 2523 7,119.58 41. Westminster Academy 252 773.86 42. Bearss Academy 417 1,146.18 43. Jackson Academy 3071 6,652.56 44. Southwest Academy 1167 2,649.12 45. Terry Academy 1378 3,884.61 46. Central Holmes 3861 12,787.11 47. Cruger-Tohula Academy 2299 7,712.64 48. East Holmes Academy 2776 7,791.60 49. Four County Academy 815 1,905.90 50. Humphreys Academy 3480 10,000.71 51. Live Oak Academy 218 822.21 328 W 177 W 905 127 W 305 * 164 * 340 * 450 w 133 w 107 W 3 c 483 W 148 202 136 W 75 w 265 w 639 * 381 w 132 w 117 w 575 131 w 157 w 501 438 # 619 w 76 w 395 W 3 C 412 w w 1-12 w 1-12 1-12 w 1-8 1-12 1-12 1-12 w 1-9 w 1-8 w 1-3 w 1-12 1-10 K-12 w 1-12 w 1-9 w 1-12 w 1-12 w 1-7 w K-8 K-9 w 1-8 w 1-11 1-12 w 1-12 w 1-8 w 1-12 w 1-9 15 12 47 8 25 8 7 23 10 15 9 6 18 13 15 5 54 9 13 21 22 5 22 18 N o. o f N o . Students N o. F a cu lty Grades N am e o f School B oohs Cost to S tate by R ace * b y R ace Served 52. Claiborne Educational Foundation 2032 $ 4,792.38 252 W 13 W 1-9 53. Prentiss Christian School 779 1,975.95 180 W 1 0 W 1-9 54. Kemper Aeademy 3849 10,654.85 432 * 55. College Hill Academy 513 1,701.51 199 * 1-12 56. Lawrence County Academy 717 2,149.32 177 W 1 1 W 1-12 57. Leake Academy 2369 6,809.19 500 W 20 W 1-12 58. M & L Academy 844 2,013.18 42 W 3 W 1-6 59. Greenwood Private Junior High 1160 4,288.95 227 W 1 1 1 C1M 10 W 7-8 60. Pillow Academy 2453 7,802.87 1,189 * 1-12 61. Brookhaven Academy 2675 6,457.74 307 * 62. Southwest Christian Academy 564 1,689.09 361 * 63. East Lowndes Academy 1745 5,056.02 247 W 16 W 1-11 64. Heritage Academy 1593 4,029.81 350 W 17 W 1-8 65. Canton Academy 8437 25,506.60 1221 W 4 0 54 W 1-12 66. Madison-Ridgeland Academy 448 1,151.01 136 W 9 W 1-9 67. Tri-County Academy 1217 4,327.71 438 W 2 1 W 1-12 68. Columbia Academy 1514 4,914.35 379 23 1-12 69. West Marion Academy 2073 6,336.78 383 14 1-12 *70. C.A.D.E.T, 922 2,329.82 501 B 2W 11 12 W 17B K-12 71. Marshall Academy 1153 3,012.36 600 W 30 W 1-12 72. Mt. Pleasant Christian Aeademy 1254 3,498.30 149 W 10W 1-9 73. North Mississippi Academy 442 1,230.96 95 * 74. Montgomery-Carrol! Academy 699 1,629.49 174 W 1 1 W 1-9 75. Pioneer Academy 438 922.65 45 W 4 W 1-8 76. Newton County Academy 887 2,046.92 78 W 5 W 1-8 77. Central Aeademy 1858 5,329.29 751 W 33 W 1-12 78. Starkville Academy 3229 9,562.77 79. North Delta Schools, Inc. 1021 3,373.19 80. West Panola School 1143 3,134.67 81. Parklane Academy 1539 3,887.01 82. Quitman County Education Foundation 727 3,008.91 83. Brandon Academy 3912 11,447.46 84. East Bankin Academy 1341 3,149.16 85. Flowood Academy 443 1,251.93 *86. Piney Woods 673 2,712.27 87. Bankin Academy 1510 5,302.47 88. Scott County Christian 2235 6,325.58 89. Sharkey-Issaquena Academy 1051 3,815.35 90. Simpson Academy 1266 3,427.89 91. Pines Academy 156 404.82 92. Central Delta Academy 1933 4,878.66 93. Indianola Academy 7985 24,029.01 94. North Sunflower Academy 2243 7,841.28 95. Paynes Academy 1288 3,635.73 96. West Tallahatchie Academy 666 1,856.85 97. Hillcrest Academy 547 1,495.26 98. Magnolia Heights 1930 5,674.80 99. Northwest Academy 1613 4,347.15 100. Tunica Institute 2189 6,851.52 101. Citizen’ s School 1776 4,589.91 102. Walnut Hills School 317 816.42 103. Deer Creek School 1821 5,126.76 104. Wayne County School Foundation 814 2,064.21 105. Centreville Academy 3750 10,295.55 553 W 24 W 1-12 268 * 203 W 15 W 1-12 228 W 12 W 1-9 480 W 29 W 1-12 589 * 180 W 10W 1-9 227 * 200 * 284 W 11 W 1-12 320 W 13 W 1-12 664 W 33 W K-12 270 W 14 W 1-12 44 W 4 W 1-8 208 W 8 C l o w 1-8 1209 56 1-12 626 W 27 W 1-12 96 W 9 W 1-12 178 W 9 W 1-8 165 W 13 W 1-12 228 W 15 W 1-12 239 W 13 W 1-12 495 W 27 W 1-12 255 * 114 W 6 W 1-8 387 W 9 0 24 W 1-12 103. W 6 W 1-9 407 W 18 W 1-12 N o. o f N o . Students N o. F a cu lty S erved N am e o f School Bootes Cost to S ta te b y Mace * b y Mace Grades 106. Winston Academy 1781 $5,036.76 288 W 14 W 1-10 107. Benton Academy 3148 8,432.85 421 W 18 W 1-12 108. Bentonia Academy 874 1,951.35 82 W 6 W 1-8 109. Manchester Academy 1004 2,356.92 550 * T otals 149,953 431,232.15 23,858 White 1249 White 501 Black 17 Black 15 Chinese 13 Oriental 2 Indians x No Belief sought by plaintiffs against these Schools. * School failed or refuses toi provide enrollment; entry derives from Depositions or State Dept, o f Education. N O TE : The life o f a textbook is 4 years with 25% depreciation each year. Note appended by plaintiffs: The deposition o f private school personnel or the deposition o f Mr. Snowden reveal that the following additional private academies have in their possession state owned text- books. 110. Highway Baptist School 1,304 $ 2,839.83 104 1-8 111. Jefferson Davis Academy 1,054 3,701.10 356 1-12 112. North Central Miss. Schools 723 1,602.87 67 1-9 113. Wilkinson County Christian 4,002 11,359.74 404 1-12 114. Pearl Biver Academy 660 1,209.06 104 1-8 $20,712.607,743 1,035 I t is therefore necessary to revise the figures appearing in Plaintiffs ’ B rief, p. 4, as follow s: 1. There are approximately 155 private non-catholic academies operating in the state enrolling approximately 42,000 students. (1970-71) 2. There are 114 private non-catholic academies, enrolling 35,800 students, presently receiving state owned textbooks. Seven o f these 114 schools, enrolling 1,800 students, are n ot challenged by plaintiffs herein. 3. Plaintiffs seek relief against 107 academies, enrolling 34,000 students, which have in use or in stock 173,400 volumes o f state owned textbooks, which have cost the state o f Mississippi 1491,000. I n ' T h e U n it e © S t a t e s D is t r ic t C o u r t e o r t h e N o r t h e r n D is t r ic t o f M is s is s ip p i W e s t e r n D iv is io n Delores Norwood, et al., plaintiffs 1 No. WC 7053-K D. L. H arrison, S r ., et al., defendants Order Plaintiffs having filed their post-trial motion to supple ment the record, and it appearing to the managing judge that it is proper for the record to be so supplemented; it is Ordered That plaintiffs’ post-trial motion to supplement the rec ord he, and the same is hereby sustained and the record accordingly supplemented. This, 9th day of August, 1971. / s / W illiam C. R eady United States District Judge For the Court 3 8 Delores Norwood, et al., PLAINTIFFS, I Civil Action v- j No. WC70-53-K D. L. Harrison, S r ., et al., DEFENDANTS. M otion for L eave to Supplement tlie Record—filed May 15, 1972 Plaintiffs respectfully move the Court for leave to supple ment and include in the record of this action the following documents attached hereto: 1. Oral Argument—Exhibit One, Statewide Private Non-Catholic Schools 1963-64; 2. Oral Argument—Exhibit Two, Statewide Enroll ments ; 3. Oral Argument—Exhibit Three, Schools Receiving Textbooks And Under Challenge In This Lawsuit; 4. Oral Argument—Exhibit Pour, A Chart Recording Characteristics Of Private Schools Evidencing Coincidence Of Private School Formation And Growth And Public School Desegregation. All four of these exhibits were before this Court prior to the entry of a Decision and Judgment. All were compiled from data in evidence through Stipulations. May 9,1972 Respectfully submitted, / s / F red L. B anks, J r . Melvyn R. L eventhal 538% North Farish Street Jackson, Mississippi 39202 J ack Greenberg Suit 2030 10 Columbus Circle New York, New York 10019 I k T he U n it e d S t a t e s D is t b ic t C o u r t f o r t h e N o r t h e r n D is t r ic t o f M is s is s ip p i W e s t e r n D iv is io n 39 D elores Norwood, et al., PLAINTIFFS, V. D. L. H arrison, S r ., et al., DEFENDANTS. Oral A rgument— E xhibit One Statewide Private Non-Catholic Schools 1963-64 I n T h e U n it e d S t a t e s D is t r ic t C o u r t f o r t h e N o r t h e r n D is t r ic t o f M is s is s ip p i W e s t e r n D iv is io n Civil Action ' No. WC70-53-K I. Black Schools 1. Central Miss. College (B aptist; closed at end o f 1965-66 school year) ........................................................................................K-12 122 2. CMI College High (Church of Christ) ..............................................................K-12 178 3. St. Marks School o f Jackson, Miss. (E piscopal; closed at end o f 1965-66 school year) ................................. 4. Saints Academy 97 (Church of Christ; Est. 1954) ........................ ............. ....................................... K-12 305 5. Piney Woods (Est. Ca. 1910) ........................... ................................. K-12 214 T otal B lack 916 II . White Schools 6. French Camp Academy (Presbyterian; for children from broken or disrupted homes) (Est. Ca. 1860) ..................................................................... 9-12 134 7. Chamberlain Hunt Academy (Presbyterian) ...................................................................... 8-12 202 8. St. George Day School (Episcopal) (Est. 1959) ....................................................K-3 72 40 41 9. Gulf Coast Military Academy (Serving primarily students residing outside o f state) (Est. 1912) .............................................................................2-8 10. Jackson Academy (Est. 1959) .............................................................................K-7 11. St. Andrew ’ s Episcopal Day School (Presently integrated) .............................................................................H-6 12. Little Bed School House o f Jackson, Miss. ( fo r mentally retarded) .......................................................(ungraded) 13. YM CA— Part Time (Closed at end of 1965-66 school year) ...........................................................8-12 14. Jackson Christian (Closed at end of 1964-65 school year) ........................................................... K-6 15. St. John ’s Day School .......................................................1-6 16. Bass Memorial ......................................................................9-12 17. A ll Saints Episcopal (N ow integrated) ................................................................9-12 T otal W h it e : Grand Total (white & b la ck ): 235 151 58 32 25 89 146 146 1^446 2,362 156 I n T h e U n it e d S t a t e s D is t r ic t C o u r t f o r t h e N o r t h e r n D is t r ic t o f M is s is s ip p i W e s t e r n D iv is io n D elores Norwood, et al., PLAINTIFFS, V . D. L. H arrison, S r ., et al., DEFENDANTS. Civil Action No. WC70-53-K Oral A rgument— E xhibit T wo Statewide Enrollments Private Non-Catholic Public # of 1963-64 2,362 Change Schools 17 570,000 Change 1964-65 2,408 + 46 21 576,000 + 6,000 1965-66 3,841 + 1,433 41 583,000 + 7,000 1966-67 5,452 + 1,611 49 582,500 — 500 1967-68 6,546 + 1,094 58 582,500 — 1968-69 9,064 + 2,518 69 581,500 — 1,000 Sept. 1969 — __X 575,500 — 6,000 Feb. 1970 30,939 +21,875 124 550,500 — 25,000 Sept. 1970 42,000 1 2 +11,061 155 534,500 — 16,000 1 Statewide statistics not available; stipulations show only that by the end of the 1969-70 school year there were 30,939 students in 124 private academies. 2 Estimate based on stipulations; the exact figure lies somewhere between 41,000 and 43,000. 4 2 D e l o r e s N o r w o o d , e t a l ., PLAINTIFFS, Civil Action v- f No. WC70-53-K D . L . H a r r i s o n , S r ., e t a l ., DEFENDANTS. I n T h e U n it e d S t a t e s D is t r ic t C o u r t f o r t h e N o r t h e r n D is t r ic t oe M is s is s ip p i W e s t e r n D iv is io n O r a l A r g u m e n t - - E x h i b i t T h r e e Schools Receiving Textbooks And Under Challenge In This Lawsuit Number of Schools Average Number Opening for Total Enrollment o f Students First Time Upon Opening Upon Opening Prior to 1963-64 3a — — 1963-64 lb 89 89 1964-65 2 e 44 22 1965-66 16 1,308 82 1966-67 11 957 87 1967-68 4 212 53 1968-69 8 722 90 Sept. 1969 19 2,872 151 Feb. 1970 16 a 4,444 277 Sept. 1970 28 5,816 207 T otal: 108 a Chamberlain Hunt, St. George’s, Jackson Academy. b St. John ’s Day Sehool. c Clarksdale Baptist Church and Gospel Lighthouse Christian. a Includes Tunica Church School now defunct. 4 3 Delores Norwood, et. al. v s . D. L. H arrison Civil Action No. WC 70-53 K Oral A rgument— E xhibit F our K E Y TO C H A R T 1— —Academy began in or used at some time abandoned or form er public school building. 2— School began in or used at some time church facilities not originally designed for full-time school. 3— —Academy began in or used at some time private residence or other formerly non-school facility. 4— Academy began in new facilities constructed and designed for full-time school. 5— Academy opened for first time, added grades and /or had a significant increase in enrollment on date corresponding to a key public school integration date. 6— Academ y’ s beginning grades and/or grades added correspond in whole or part to grades being desegregated in the public schools at the same time. 7— Academy is in county which had two or more academies begin at same time. 8— Academy began September, 1969 in public school district with 1969-70 final integration plan. 9— Academy began January or February, 1970 in public school district with 1969-70 final integration plan. 10— Academy began September, 1970 in public school district with 1970-71 final integration plan. 11— Academy was not accredited by State when it received textbooks. 12— Students brought some or all books with them when transferring from public school. 13— Academy covered by C offey Appendix A or Appendix B or by both Appendix A and Appendix B. 14— Academy refused to give IRS assurance o f its adoption o f a racially non-diseriminatory admissions policy and as a result had its tax exempt status revoked or its application for such status denied. 15— Academy in public school district o f A lexa nd er v. H olm es. N a m e o p A c a d e m y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1. Adams County Christian 7 ? ? ? X X* X ? ? X 2. Adams County Private ? f ? ? X X 7 f X X X 3. Amite School Corporation X X X * X X 4. Bearss Academy ? ? f t 5. Benton Academy X 6. Bentonia Academy X 7. Brandon Academy X 8. Brookhaven Academy ? I ? f 9. Calhoun Academy X 10. Canton Academy X 11. Carroll Academy X 12. Central Academy ? ? f ? 13. Central Delta Academy ! ? ? f 14. Central Holmes X 15. Centreville Academy % ! ? f 16. Chamberlain-Hunt ? * % f 17. Chickasaw Academy X 18. Children Academy (The) ? % % f 19. Christ Episcopal Day School I ? f ? 20. Citizen’s School X 21. Claiborne Educational Foundation ? * f ? 22. Clarke Academy f f ? ? 23. Clarksdale Baptist X 24. College Hill Academy X 25. Columbia Academy X X 26. Copiah Academy f ? f ? 27. Covington School Foundation, Inc. f ? f ? 28. Cruger-Tehula Academy ? ? 29. Deer Creek Academy X X ? ? X X X* X X X X * X X X X* X X X* ? (X ) ? ! ? X X X X* X X X X X X ? ? X X* X X ? ? X* X X X X* X X X X % f X « X* X X ? f X ? ? X X X X X ? ? X X X X ? f X X X X X X* X X X X X I ? X X ? f X X X X X t X X X X* X 1 X N ame op A cademy 1 2 3 4 30. Bast Holmes Academy X 31. Bast Lowndes Academy ? ? f ? 32. East Eankin Academy ? % ? I 33. Enid Academy ? % f ? 34. First Baptist Parochial X 35. First United Methodist X 36. Flowood Academy ? ? ? ? 37. Four County Academy ? ? ? ? 38. Gospel Lighthouse Christian School ? ? f ? 39. Gray Academy 1 ! ? ? 40. Greenwood Private School X 41. Grenada Lake Academy X 42. Happy Day School X 43. Heidelberg Baptist f f ? f 44. Heritage Academy ? ? f % 45. Highway Baptist X 46. Hillerest Academy X 47. Humphreys Academy f ? f ? 48. Indianola Academy X 49. J. A. Beeson Academy X 50. Jackson Academy ? ? ? ? 51. Jefferson Davis Academy X 52. Jesus Name Faith ? ? ? « 53. Kemper Academy f ? ? f 54. K irk Academy X 55. Lawrence County Academy ? ? ? 6 7 8 9 10 11 12 13 14 X* X X X X * X ? ? X f (X ) ? ? ? X* X X ? ? X* X X X X ? X X ? (X ) ? f ? ? X ! (X ) ? 7 ? X ? ? X* ? ? X X X* X » X * X X X X* X X* X ? f X* ? I X X X* X X X * X X ? ? f X X* X X X X X X X X * ? ? ? X X X ? X X ? I (X ) ? ? ? X* X ? ? X X 2 X X ? (X ) f ? ? OJ X 56. Leake Academy X 57. Live Oak Academy X 58. M & L Academy X 59. Madison-Ridgeland Academy ? i ? ? 60. Magnolia Heights X 61. Manchester Academy ? ? ? ? 62. Marshall Academy X 63. Montgomery-Carroll Academy X 64. Mt. Pleasant Christian Academy X X 65. Newton County Academy f ? ? ? 66. North Delta Schools, Inc. X 67. North Mississippi Academy X X 68. North Sunflower Academy ? ? f 7 69. Northwest Academy X 70. Oak Hill Academy ? ! f f 71. Parklane Academy ? » ? ? 72. Paynes Academy X 73. Pearl River Academy ? f ? ? 74. Pheba Academy ? 7 f ? 75. Pillow Academy X 76. Pine Hills Academy X 77. Pines Academy ? 7 ? ? 78. Pioneer Academy ? 1 ? ? 79. Prentiss Christian School 1 ? ? ? 80. Presbyterian Day School (Bolivar County) X X XX* X X X X X * X X * X ? ? X * X X X X * X ? ? X * X X X* X X X * ' X X X * X ? ? X* X X X * X X X* X X X ? X X* X X X X* ? ? X X* X 1 ? X* X X X* X ? ? X* ? (X ) ? ? 7 X* 1 X X* X X ? ? X ? 1 X X ? ? X X N ame of A cademy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 81. Presbyterian Day School (Coahoma County) X X X* X f 82. Quitman County Educational Foundation X X X X * f 83. Bankin Academy ? ? ? ? X X f ( X ) ? ? f 84. St. George’s Episcopal X X ? 85. St. John ’s Day School ? ? ? ? 1 ? 86. Sanford Academy f ? ? I ? X X 87. Scott County Christian Academy ? ? ? ? X X* X ? ? 88. Sharkey-Issaquena Academy X X X X X 89. Shaw Educational Foun dation (Bayou Academy; Duncan Academy) X X X ? ? X 90. Simpson Academy ? ? ? ? X X * X 91. Southwest Academy ? ? ? ? X X ? ? ? X X 92. Southwest Christian X Academy X X X X X X 93. Starkville Academy X X X* X X 94. Sylvarena Baptist Academy ? ? « f X X* X ? 1 95. Terry Academy ! ? f ? X X ? ? f 96. Tri-County Academy I ? ? ? ? ? X ? ? 97. Tunica Institute o f Learning X X X X X 98. Union Private School i ? ? ? X X* X X ? ? 99. Walnut Hills School f » ? I X I ? X 100. Wayne County Educational Foundation <? ? I ? X X * X f ? 15 X X X X X M 101. W est Marion Academy 102. Westminister Academy 103. West Panola School, Inc. 104. West Tallahatchie Academy 105. Wilkinson County Christian Academy 106. Winston Academy 107. Woodland Hills Baptist Academy Unnamed Tunica Church Schools TO T A LS: ? ? ? ? X ? ? 1 7 X X X X X ? ? f ? X X X ? ? ? ? X X X 19 26 7 4 102 X * ? ( X ) ? X * X X X* X X X X X X X X * ? X * ? X * X 97X 33 13 17 28 (62X* ) f 1 X ? 1 X X X ? 1 X X 18 X 5 29 28 32 1 Whenever a question mark appears on this chart it indicates that information was unavailable usually because no deposition was taken o f the school involved. 1 X * indicates that the school opened at a time when all o f its grades, upon opening, were being desegregated in the public schools. 3 X 1 indicates that the school offers grades 1-12 but is only accredited fo r grades 1-8. ZQ Isr T he U nited States D istrict Court for the Northern D istrict of Mississippi W estern D ivision Delores Norwood, et al., PLAINTIFFS, V. D. L. Harrison, S r ., et al., DEFENDANTS. No. WC70-53-K Order Plaintiffs having moved for leave to supplement the record by the incorporation of four exhibits used in oral agrument, and it appearing that such exhibits were compiled on the basis of data already in evidence through stipulation of counsel and that the exhibits would expedite the con sideration of the entire record; it is Ordered That leave is hereby granted to plaintiffs to supplement and include in the record of this cause the four exhibits to which reference is made in their motion, and the Clerk of this court is hereby directed to make such inclusion. This, 15th day of May, 1972. W illiam C. R eady United States District Judge For the Court N o t a t io n b e O p i n i o n a n d J u d g m e n t o p t h e D is t r ic t C o u r t The District Court opinion and judgment, entered April 18, 1972, are printed in the Jurisdictional Statement, and may be found therein at pages la-23a. They are therefore not printed in this Appendix. it U.S. Government Printing Office: 1973—492—990/457 \J <f) A j S ? / 9 f £ r C n frS t -tP m a 'f r ^ - Ti/iSS— ,tr & / \ fo p ;C f~ *.. P n '< s > , T ( ) S G * -4 Q « c ,* f <yft __..„ / ^)? r.3v,:';/;(i ^ /?*; •$' <*• f/ o ^ . C - ^ v ^ ^S-^ r ^ >~*^ ... .^ f ^ ^''^TCqS-C* 0 L , ^Cf>“f0>v-5 /■ A’ 1 - < — <T <A r / f ta f f te j