Plaintiffs' Opposition to Motions of Triche et al. and City of New Orleans for a New Trial

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UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, ET AL., 

Plaintiffs, : 

Ve. : CIVIL ACTION 

NO. 3630 
ORLEANS PARISH SCHOOL BOARD, - 
ET AL., . 

Defendants, : 

CONNIE REED, ET AL., : 

Plaintiff-Intervenors. : 

PLAINTIFFS' OPPOSITION TO MOTIONS OF 
RISLEY C. TRICHE, ET AL., AND CITY CF 
NEW ORLEANS, ET AL., FOR NEW TRIAL 

Plaintiffs, by their attorneys, oppose the motions for 

a new trial filed by Risley C. Triche, et al., and City of 

New Orleans, et al., upon the following grounds: 

1. No relief was granted against movants in the 

preliminary injunction entered herein on April 9, 1962. No 

relief was sought against these movants in any of the plead- 

ings considered by the Court at the hearing held on March 5, 

1962, which resulted in said preliminary injunction. 

2. None of the movants has standing to move for a new 

trial and for a vacation of the preliminary injunction, or to 

assert defenses in connection with the plaintiffs' claim for 

relief against the Orleans Parish School Board. 

3. The movants, Risley C., Triche, et al., and City of 

New Orleans, et al., are parties to this action only in connec- 

tion with certain ancillary proceedings to prevent interference 



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with the judgment of this Court. See Bush wv. Qrleans Parish 

School Board, 187 F. Supp. 42, aff'd 365 U.S. 569; Id., 188 

F. Supp. 916, aff'd 365 U.S. 569; Id., 190 F. Supp. 861, aff'd 

365 U.S. 569; Id., 191 F, Supp. 871, aff'd 367 U.S. 908; lId., 

194 F. Supp. 182, aff'd 368 U.S. ll. 

4, The movants, City of New Orleans, et al., filed a 

pleading prior to the hearing on March 5, 1962, praying that 

no relief be granted against them on the grounds that they 

had no responsibilities in connection with the assignment of 

pupils and that pupil placement was the "sole right of the 

Orleans Parish School Board." At the hearing on March 5, 

1962, an assistant city attorney appeared for these movants 

and by consent of all parties, the Court entered an order dis- 

missing this phase of the proceedings as to the City of New 

Orleans, et al., inasmuch as those parties were not involved 

in this phase of the case, 

5. Assuming arguendo that movants have standing to 

present the motions for new trial, the motions are without 

merit and state no sufficient grounds for a new trial. 

Respectfully submitted, 

James M., Nabrit, III 
Jack Greenberg 
Constance Baker Motley 
10 Columbus Circle 
New York 19, New York 

A. P. Tureaud 
Ernest Morial 
A. M. Trudeau 
1821 Orleans Avenue 
New Orleans, Louisiana 

Attorneys for Plaintiffs