Appellant's Petition for Rehearing and Suggestion for Hearing In Banc with Cover Letter

    i'iiSoiS;'’* iawWi&_.,. J

R I C H A R D  J .  T H O M A  

A L A N  C .  M e  M A N  U  S  

C H A R L E S  E .  K E L L E R  

C L A R E  T H O M A S  T O P P I N  

F R E D E R I C K  B .  S C H W A R Z E  

E D W A R D  A .  R Y D E R  

T H O M A S  H .  S C H W A R Z E  

R O G E R  E .  G A R D N E R  

D E N N I S  B  . D U  B A Y  

J A M  E S  R .  M I L L E R

K E L L E R ,  T H O M A ,  M c M A N U S ,  T O P P I N  & S C H W A R Z E  

C O U N S E L O R S  A T  L A W

1 6 0 0  P E N O B S C O T  B U I L D I N G  

D E T R O I T ,  M I C H I G A N  4 S 2 2 6

December 11, 1972

L E O N A R D  A .  K E L L E R  

1906- 1970

(313) 96S- 7610

Clerk, Supreme Court of the United States 
Washington, D. C. 20543

Re: School District of the City of Birmingham, Oakland
County, Michigan vs. The Honorable Stephen J. Roth, 
District Judge for the Eastern District of Michigan, 
Southern Division.
No. 72-817

Dear Sir:

Pursuant to your letter of December 6, 1972, enclosed please 
find Appearance Form and Notification of Docket Entry in the 
above-captioned matter. All parties required to be served 
have been served as shown by the attached Certificate of Ser­
vice .

Very truly yours,

KELLER, THOMA, McMANUS, 
TOPPIN & SCHWARZE

By:
Thomas H. Schwarze //

THS/mlh
Enclosures

Certified Mail - Return Receipt Requested



I

SUPREME COURT OE THE UNITED STATES

October T erm, 19_Z.2

SCHOOL DISTRICT OF THE CITY OF 
BIRMINGHAM, OAKLAND COUNTY, 
MICHIGAN,_____________________

XSflCfiNXXPctitioner

vs.
THE HONORABLE STEPH J. ROTH, DISTRICT 
JUDGE FOR THE EASTERN DISTRICT OF 
MTCHTGAN, SOUTHERN DTVTSTON.r_________

XSGKSKX-Respondent-

No. 72-817

To Solicitor General Counsel for 7Q5|5XKiXX41espondent:

You Are H ereby N otified thatXKXJJ^XSdfc— a petition for a writ of certiorari—in the above- 
entitled and numbered case was docketed in the Supreme Court of the United States on the

4 th ____  day of D ec- . . 1972_. KELLER, THOMA, McMANUS,
TOPPIN & SCHWARZE

±By: / d__ <
Counsel for XKXRMK-Petitioner J  

Thomas H. Schwarze

1600 Penobscot Building________
Number and Street

Detroit, Michigan 48226
City, State and Zip Code

NOTE: Please indicate whether the case is an appeal or a petition for certiorari by crossing out 
the inapplicable terms. A copy of this notice need not be filed in the Supreme Court.

CO-75



APPEARANCE FORM

SUPREME COURT OE THE UNITE!) STATES
No. 7 2 - 8 1 7 __ ( October T e r m , 19 72

SCHOOL DISTRICT OF THE CITY OF 
BIRMINGHAM, OAKLAND COUNTY, 
MICHIGAN,_____________________

(Petitioner SfXMXMKMX

vs.
THE HONORABLE STEPHEN J. ROTII, 
DISTRICT JUDGE FOR THE EASTERN 
DISTRICT OF MICHIGAN, SOUTHERN 
DIVISION,

(Respon den

Tlie Clerk will enter my appearance as Counsel for th e __P e t i t i o n e r

Signature T
r;.

uType or Print Name Thomas Ii. Schwarze 
Address_____  1600 Penobscot Building

City and State Detroit, Michigan 48226

NOTE: This appearance must be signed by an individual Member of the Bar of the Supreme 
Court of the United States.

The Clerk is requested to notify counsel of action of the Court by means of:
[ ] Collect Telegram 

KX] Airmail Letter 

[ ] Regular Mail

NOTE: When more than one attorney represents a single party or group of parties, counsel 
should designate a particular individual to whom notification is to be sent, with the 
understanding that if other counsel should be informed he will perform that function.

In this case the person to be notified for 
is:

Solicitor General
(Name—Type or Print)

Department of Justice
(Street Address)

Washington, d . C. 20530
try 73 (City, State and Zip Code)

[ ] Petitioner(s)

[X ] Respondcnt(s) 

[ ] Appellant (s)

[ ] Appellee (s)

[ ] Amicus



IN THE

SUPREME COURT OF THE UNITED STATES 

OCTOBER TERM, 1972

SCHOOL DISTRICT OF THE CITY OF 
BIRMINGHAM, OAKLAND COUNTY, 
MICHIGAN,

Petitioner,

-vs- NO. 72-817

THE HONORABLE STEPHEN J. ROTH, 
DISTRICT JUDGE FOR THE EASTERN 
DISTRICT OF MICHIGAN, SOUTHERN 
DIVISION,

Respondent.

/

CERTIFICATE OF SERVICE

I, THOMAS H. SCHWARZE, of Keller, Thoma, McManus, Toppin, 

& Schwarze, 1600 Penobscot Building, County of Wayne, city of 

Detroit, State of Michigan, Attorney For Petitioner, School Dis­

trict of the City of Birmingham, Oakland County, Michigan, and a 

member of the Bar of the Supreme Court of the United States, 

hereby certify that on the 12th day of December, 1972, I ser­

ved copies of Petitioner's, School District of the city of 

Birmingham, Oakland County, Michigan, Appearance Form and 

Notification of Docket Entry in the above-captioned case on 

the several parties as follows:

1. I enclosed in envelopes One (1) copy each of 

Petitioner's Appearance Form and Notification of Docket Entry, 

sealed the envelopes, and addressed the envelopes to the fol­

lowing parties at their post office addresses:



#

Solicitor General 
Department of Justice 
Washington, D. C. 20530

Honorable Stephen J. Roth 
U. S. Courthouse 
Detroit, Michigan 48226

2. I enclosed in the envelopes One (1) copy each of 

Petitioner's Appearance Form and Notification of Docket Entry, 

sealed the envelopes, and addressed the envelopes to the fol­

lowing parties who are the parties to the principal cause of 

action, at their post office addresses:

Frank J. Kelley, Esquire Attorney For: Governor William G.
Attorney General Milliken, et al.
Seven Story Building 
525 West Ottawa 
Lansing, Michigan 48913

Eugene Krasicky, Esquire 
Assistant Attorney General 
Seven Story Building 
525 West Ottawa 
Lansing, Michigan 48913

Nathaniel Jones, Esquire Attorney For: Ronald Bradley, et al
General Counsel
N .A .A .C .P .
1790 Broadway 
New York, New York

Attorney For: Governor William G.
Milliken, et al.

E. Winther McCroom, Esquire Attorney For: Ronald Bradley, et al
3245 Woodburn Avenue 
Cincinnati, Ohio 45207

Louis R„ Lucas, Esquire Attorney For: Ronald Bradley, et al
Ratner, Sugarman & Lucas 
525 Commerce Title Bldg.
Memphis, Tenn.

Jack Greenberg, Esquire and
Norman J. Chachkin, Esquire Attorney For: Ronald Bradley, et al
10 Columbus circle
New York, New York 10019

J. Harold Flannery, Esquire 
Paul R. Dimond, Esquire and
Robert Pressman, Esquire Attorney For: Ronald Bradley, et al
Center For Law & Education 
Harvard University 
Cambridge, Mass. 02138

2



William M. Saxton, Esquire 
1881 First National Bldg. 
Detroit, Michigan 48226

Richard P. condit, Esquire 
Condit & McGarry, P.C.
860 West Long Lake Road 
Bloomfield Hills, Mich. 48103

Douglas H. West, Esquire 
Attorney at Law 
3700 Penobscot Building 
Detroit, Michigan

George Roumell, Jr., Esquire 
Riley and Roumell 
720 Ford Building 
Detroit, Michigan 48226

Erwin B. Eliman, Esquire 
1250 Penobscot Building 
Detroit, Michigan 48226

Ralph Guy, Jr ., Esquire 
U. S. District Michigan 
SI5 Federal Building 
Detroit, Michigan 48226

Robert J. Lord, Esquire 
8388 Dixie Highway 
Fairhaven, Michigan 48023

Theodore Sachs, Esquire 
1000 Farmer Street 
Detroit, Michigan 48226

Alexander B. Ritchie, Esquire 
1930 Buhl Building 
Detroit, Michigan 48226

Kenneth B. McConnell, Esquire 
74 West Long Lake Road 
Bloomfield Hills, Michigan 48103

Attorney For: Allen Park School
District, et al.

Attorney For: Southfield School
District

Attorney For:

Attorney For:

Attorney For:

Grosse Pointe School 
District

Detroit Board of 
Education

Michigan Education 
Association

Attorney For: Tri-County Citizens

Attorney For: Detroit Federation 
of Teachers

Attorney For: Denise Magdowski, et al

Attorney For: Royal Oak School 
District

3. I deposited the envelopes with the United States 

Post Office located in the Penobscot Building, Detroit, Michigan, 

on the 11th day of December, 1972 at about 4:30 p.m. in the after­

noon, and I placed such amounts of postage on the envelopes as is 

required by the postal regulations to permit First Class Certified

3



t

Mail - Return Receipt Requested passage of the envelopes, and 

where applicable, sufficient to permit Air Mail First Class, 

Certified Mail - Return Receipt Requested passage of the en­

velopes .

4. The following return address v/as on the envelopes: 

Thomas H. Schwarze, Keller, Thoma, McManus, Toppin & Schwarze, 

1600 Penobscot Building, Detroit, Michigan, 48226.

5. The parties' counsel of record are as stated above

6. All parties required to be served have been served

Subscribed and sworn to before 
me this 12th day of Dec., 1972

. /-/ c "IT

Thomas H. Schwarze

i-rC iv
Bevefly A. Netzloff .j  £.
Notary Public, Wayne County, Michigan 
My Commission Expires: Mar. 21, 1975