Correspondence from Clerk Gillespie to Clerk Wadsworth; Dockett

     [||2eba0524-4ec3-4e3b-9c0e-21798d058e64||] UNITED STATES DISTRICT COURT 

OFFICE OF THE CLERK 

NORTHERN DISTRICT OF MISSISSIPPI 

NORMAN L. GILLESPIE P. O. Box 190 

CLERK Clarksdale, MS 38614 

ore 

February 2, 1976 

Mr. Edward W. Wadsworth, Clerk 

U. S. Court of Appeals 

Fifth Circuit 

600 Camp Street 

New Orleans, Louisiana 70130 

Re: Henry v. Clarksdale Municipal Separate School 

Our No. DC64-28-K, Appeal No. 76-1207 | 

Dear Mr. Wadsworth: 

As per Mr. Leventhal's letter of January 20, 1976, copy of 

which is attached hereto, I am enclosing the balance of the 

record in the above captioned cause as remains in my file. 

I call your attention to docket entry on 8-25-69. I have no 

record of this portion having ever been returned. I also call 

your attention to the entry on 5-27-70. I have the return 

receipt for this portion of the record but my docket does not 

reflect this portion ever having been returned. 

I am also enclosing Defendants' Exhibit entered at hearing on 

8-9-72 and also Pltfs' Exhibits 1 & 2 and Defts' Exhibit.3 

entered on 5-27-71. The balance of all exhibits still remain=- | 

ing in my office are large pictures and charts and are too large 

for mailing. If any of these are required, please have counsel 

arrange to transmit same. 

Trusting you find the enclosed in order, I remain, 

Sincerely yours, 

NORMAN -E-GILLESPIE, CLERK 

LL ZT Ae gl 

~~Jean G. Trawick, Deputy 

cc: Hon. Melvyn R. Leventhal (with index) 

Hon. Semmes Luckett (with index) 

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CIVIL DC6428 DOCKET EY ba ALU Hon. Melvyn R. Leventhal, : 

Fo @. =e i 8 VC i ES TITLE ASE ATTORNEYS ' 
Brestxfclrisk Brest 53812 

FatighyJackeon ios. 30202 
or I'laint1 =R ~V--And r 

Tonk ops Anderace 

R:Jess-Brewnz125%-N:Farish-5t.. Ress oe 

[] 

y Melvyn R. 
Leventhal, 10 Columbus 

Circle, New York, 

N.Y. 10019 Jacksons-Miss. r. REBECCA E. HENRY, ET AL ; 

VS | DeprickA+—BsT1510 Columbus—Cirale 

CLARKSDALE MUNICIPAL SEPARATE SCHOOL DISTRICT, New-Yorle 10 4.3, WIE PEE © 5 

ET AL, AND CLARKSDALE-COAHOMA SCHOOL BOARD,ET AL : | 
For Defendant: 3 

PE— 

Semmes Luckett, 121. Yazoo Ave 

Clarksdale, Miss. - on 

Wm. H, Maynard, Stevens Bldg. 

Clarksdale, Miss. 

DATE PLAINTIFF'S ACCOUNT RECEIVED DISBURSED DATE DEFENDANT'S ACCOUNT RECEIVED DISBURSED 

[22/64 R7#10122 . okt Filing Fee $ 15. 

ABSTRACT OF COSTS 

TO WHOM DUE AMOUNT 

"RECEIPTS, REMARKS, ETC. 

Action:Civil Rights, school desegregation ~~ ~~ ‘ 
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T7—1597 U. 8 GOVERXNENT PRINTING OFTICE: 03e 

a ————— an i —— ———— A ——— th ———————. =. ————r tan seats iin. indian 



; . $id CLERK'S FEES ! AMO 
DATE | ye ih FILINGS—-PROCEEDINGS =~ "=== == =~ «wees psp] 

PLAINTIFF DEFENDANT RETU 

(1 4/22/64 | Complaint, filed. JSS ane he 3 

4/22/64 | Motion for Freliminary Injunction, filed, | i 

4/22/64] Summons issued (together with copies of Complaint and Motion) 

and nailed to Marshal Oxford. 

4/30/64) Summons filed with Marshal's Return; served 4/24/64 at Clarksdhle,| Leon [Porier, 

Harvey Gresham, Paul Hunter, Graham Bramlett, Gycelle Pyles, Chestler H. Curtis, 

Dr, William Wilkins; on 4/25/64 at Clarksdale, Billy Frapier, {r., Jimmy Hunpber ; 

C.M, Allen served 4/24/64 at Lula, and Malcolm Commer on| 4/24/ph4 at Jonestown, and 

S,H. Kyle on 4/24/64 at Roundaway. 

5/8/64 Defts! Motion to enlarge time for answers, filed. 

5/11/64] Pltf's Notice of hearing of Motion for Preliminary Injunction, filed¢ | 

5/11/64 | Order enlarging time for Defts to answer up to and inclufling Jhne 10, 19%64,¢nt COH 

5/13/64 | Notice of Dismissal of Action as to Party Plaintiffs(4 Thomas children),| filed. 

6/1/64 | Received Memorandum Brief In Support of Plaintiffs' Motipn For|A Prelimipary 

‘Injunction with Affidavit of Aaron E, enry attached. Mhiled game] to Jufge 

Clayton, Tupelo, Miss. 

6/10/64 | Answer of Clarksdale Municipal Separate School District{ et al, filed. 

6/10/64 | Answer of Clarksdale-Coahoma School Board, et al, filed. 

6/10/64 | Defts! Motion to Strike Para. 10 of Complaint, filed. 

6/27/64 | Order for Freliminary Injunction against Clarksdale Munilcipal |Sepdrate §chopl 

District, (no relief granted at this time against the otHer Defits. but rdtaihed 

as Defts.) ent COB 2 pp 628-630. Copies of Order mailed to all cdunsel by Judge's 

6/29/64 | Certified copies of Order mailed to each member, Board df Trudteed,C'dale Min. Sep 

6/29/64 Certificate of Clerk of Sirvice by certified mail on Bodrd members, filed. 

; 6/29/64 Notice of entry of Order and service on Board members mdiled fo cdunsel. 

7/27/64 Deft's Plan for Desegragation of schools of Clarksdale Municipal Separate [School 

District, filed. 

7/30/64 P1tffs' Opjections to Desegragation Ls and Motion for Revigded Plan, with 

Notice of Motion, filed, 

8/10/64 | Filed Resolution Of Board of Trustees Of The Clarksdale Municilpal |Separgte $chool 

District Dividing The School District Into Elementary Sqhool dubdistricts, Junior 

‘High School Subdistricts and Senior High School Subdistricts, |And Establishing 

Attendance Areas Or Zones Within Such Subdigtricts, And Maps Heflgcting [Suc 

Subdistricts And Attendance Areas Or Zones. : 

8/19/64 | Before Judge Clayton (at Oxford) 1 day hearing held on issue gf Tdmp. Injunction. 

8/20/64 | Order releasing certain maps to Court Report, ent COB 2 |p 637 

8/22/64 | Order signed Aug. 19, 1964, order eBrtain desegregation |plans,| ent] COB 2 p £38. 

8/24/64 | Notice of entry of Order, with copies mailed to counsel, : 

(-) These pleadings are enclosed in the Hrst Record on Appeal and are still 

intact as received from the Fifth Circuit Court of Appeals. These are 

incorporated through 12-21-65.



NY V 

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CLERK'S FEES AMO 

DATE FILINGS—PROCEEDINGS pn yl 
PLAINTIFF DEFENDANT RET 

10/26/64] Court Reporter's Transcript of Hearing at Oxford on 8/19/64, filledd - ° | 1 

11/25/64 | Pltf's Interrogatories to Deft., filed. 

12/9/64 | P1tf's Motion to substitute certain Defts, filed. Photofopy mailef to Law direrk. 

1/7/65 |Pltfs' Motion for further injunctive relief, filed, Photdcopy faildd to aw Clerk. 

1/6/65 Order Substituting certain Defts, ent COB 2 p 674. Notife of dts mailed tlo cou 

1/12/65 | Copy of Judge Clayton's letter to counsel recd, advising |them that Motion for 

further injunctive relief would be heard during March tors at QOlarksdale. 

1/13/65 | Defts' Answers te Pltfs' Interrogatorgéts, filed, with 2 maps ad ExHibits. 

2/4/65 | P1tfs' Interrogatories (second set) to Defts, filed. - 

2/17/65 | Notice of setting for court trial,2 days, Apr. 8 & 9, 1955, mafiled to counsql. 

SANE EXX EAA EX AE POEL tA ONX BEX DEL DXXKIA TE nnx Tx KET KANE SF = 

3/9/65 | Filed deposition of Dr. William T. Wilkins. 

3/9/65 Filed deposition of Mrs. Pearlie May Browner. 

3/9/65 Filed deposition of Mary Ann Williams. . 

3/9/65 Filed deposition of Lillie Wilson. 

4/7/65 Defts' Answers to second set of Interrogatories, filed. 

4/8/65 Before Yudge Clayton, hearing on motion for further injunctive relief, 

begun, continued 4/9/65 and concluded. 

4/9/65 Order permitting Court Reporter to remove Exhibits for 30 dayd, ent COB |2 p|712. 

4/10/65 | Spas. filed with Marshal's Return; served 4/5/65, A. Isgacson, Abg May, 

Hymen Kantor, J. W. McKellar, Hudson Bell and W. S. Kjndade, 

5/11/65 | Court Reporter's Transcript ( 2 Vol.) of hearing on 4/8/65 and 4/9/65, filed. 

5/17/65 | Stipulation as to facts concerning boundary changes in Jity of Cldrksdale 

during 1964, filed. 

7/7/65 Court Reporter's Stehotype Notes of hearing on April 8 & 9, 1965, |filed./(inGlosed 

7/7/65 Court Reporter's Stenotype notes of hearing on 8/19/64, Filed.fin closed files) 

2/9/65 Court Reporter's Transcript, 2 Vol(duplicate of those filed 5/11/6%), filed. 

8/11/65 | Memorandum Opinion, filed. 

8/11/65 | Order for Permanent Injunction(as to certain issues) Parf{ I and II{ ent COB >. 

pp 725-728. Copies of Opinion and Order mailed to all cqunsel |by Judgetd Secty. 

8/11/65 | Notice of entry of Order mailed to counsel. 

8/20/65 | Pltfs' Motion to Amend Findings and Judgment, filed. Photocopy of [Motion majled tq 

Law Clerk. 

8/31/65 | Memorandum and Order signed 8/30/65, overruling Pltfs' Motion to Amend Findings 

and Judgment, ent COB 2 p 735. Copy mailed to all counsel by Mudge's Sdctyl 

Notice of entry of Order mailed to all counsel by Clerk. 

9/24/65 | Pltfs' Motion for Further Relief (to grant transfer applicatiqn of Betty Je 

Yarbrough), filed. Copy mailed by counsel to Law Clerk 

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Chvy Dood <O 

aro 7—18 \ a % 
oATE FILINGS—PROCEEDINGS r= REPORTE! 

PLAINTIFF DEFENDANT RETUR 

9/24/65 |Defts' Response to Pltf's Motion for further Relief (to grant : f 

transfer application of Betty Jean Yarbrough), filed. Cdpy mailed to 

. | Law Clerk by counsel, ; 

10/1/65 | Revised Plan for Elementary Attendance Zores in’ Subdistricts . 

El and E2, Petition for its Approval and Other Relief filed. Copy to Law| Clelrk by ¢ 

10/2/65 | Memorandum Opinion and Order signed 10/1/65, on Motion for the 

| Benefit of Bettye Jean Yarbrough, ent COB 2 pp 741-742, 

10/2/65 | Cert. copy of Opinion and Order sent by certified mail t¢ counsel 

for plaintiffs and defendants. 

10/2/65 | Order Amending Previous Order of 8/10/65(that transfers pust be mafle 

within 10 days after school opening) ent COB 2 p 743. Copy of|Order "*: | 

mailed to counsel by Judge's Secty. 

10/7/65 Order Amending Order for Permanent Injunction (of 8/10/65) correctling atltendance 

zone numbers, ent. COB ep 243, Copies of Order mailed [to counsel] by Judges Sect 

10/9/65 | Pltfs' Interrogatories to Deft. filed. ( 1 thru 11) 

10/25/69 Pltfs' Objections to Defts' Revised Plan, and other Objections, filed. 

Notified Law Clerk by telephone of filing of objections |and reousit for (hearing. 

10/28/65 Notice of hearing set for 11/15/65 mailed to counsel. 

10/28/65 Defts' Answer to Interrogatories (1, 2, 6, 7, 9, 10 and |11), filed. 

10/28/65 Defts! Objections to other Interrogatories and motion far Orddr to Strike; ffiled. | 

Mend to Law Clerk of Objections to Interrogatories and Motion to $trike = 

11/5/65 | Pltfs' Objections to Defts' Motion to Strike Interrogatories, filef. 

Memo to Law Clerk of filing of objections to Motion. . ! 

11/15/65 | Court Hearing on Objections to Revised Plan and Objectifns. to Interrogatoriep 

begun .and cloncluded. 

11/24/65 | Filed Further Answer To Interrogatory Numbered 2 in Interrogatories Dated 

October 7, 1965. (Copy of answer furhished Judge Clayton by Semmess Luckett], 

Atty. for Clarksdale Schools) 

11/26/65 Filed Court Reporter's transcript of proceedings held 11/13/6% at 

Clarksdale, Miss. 

11/26/65 Entered Order Sustaining In Part Objections To Interrqggatories. 

C.0.B. 2, Pg. 756 

11/26/65 Mailed notices to all counsel of record of entry of ahove 

Order. : 

12/14/65 | Court's Memorandum Opinion, filed. 

12/14/65 | Order signed Dec. 13, 1965, approving defts' Revised Plan, (exept denying Dpfts. 

authority to change boundaries within subdistricts)and Setaining  risdiotivd 

ent. COB 2, pp 766-767. Copies of Opinion and Order mailed by Judze's Secty. to) 
all counsel. 

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42 

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46 

47 

i 

CIVIL DOCKET DC6428 
IASC) 

PLAINTIFF DEFENDANT RETURN 

12/17/65 | Plaintiffs! Notice of Appeal, filed. 

12/21/65 | Bond for Costs on Appeal, $250 (CASH) filed. | 

12/21/65 | Designation! of Record on Appeal, filed. ty - 

12/21/65 | Record on appeal mailed to CCA, New Orleans, la, bo 

12/28/65 Letter from CCA acknowledging receipt of record on appeal. 

2/25/66 | Court Reporter's stenotype tapes of hearing held 11/15/65, filled. 

10/21/66 Petition of Carol Ann Brocato for leave to transfer to {larksdalqd  : . 

Senior High School, filed. 

10/21/66 | Order directing Deft. to permit Carol Ann Brocato to trpnsfern] to 

Clarksdale Senior High, ent COB 2 p 821. Two cert. coplies of Order 

. handed to petitioner's: attorney(Hon.Vincent Brocato) for service lon Defit.:: 

3/28/67 | Judge Clayton's letter of March 24, 1967; copy of letter|mailegd ta +2 

Marian E. Wright, Jackson, Miss.; Derrick A.: Bell,.N.Y.,| NY.; Hon, Geo. |[F. |’: 

Maynard, Hon. William H. Maynard and Hon. Semmes Luckett] Clarksdgle, Milss.{ -- 

and Hon. Will Wells, Asst. Atty. General, Jackson, Miss. 

4/17/67 | Motion of pltf's counsel, Hon, Derrick-A, Bell, Jr, to withdraw, fliled. 

4/18/67 | Order Granting leave to counsel Bell to withdraw, ent COB 2 p B44.| 

" | Notice of entry of Order mailed to counsel. * 

7/24/67 .| Notice of Appearance, Paul Brest and Iris Brest. as caunsgel -for Pltfs.. 

Copy of Notice mailed to Judge Clayton’ s office. # Bio 

4/19/68 | Filed Notice of Appearance, Reuben V. Anderson, as add it tonal re fof. Pfs. 

.312-69 |Filed Notice of Appearance, Fred L. Banks, Jr. as additi¢nal cbunspl for P1dfs. 

3-8-69 |Filed copy of Opinion of the United States Court of A ppeals fpr the 'iv : 

1969Y i oF Tov Fifth Circuit (March 6,. J iL 
Leventhal as Att fo 5=27= 69 Filed Notice of Appearance of Melvyn RK. : PT rr 

6-27-69 | Filed Notice of- Appearance of John A. Nichols as atty. for pltfs. | - 

6-30-69 | Received Original record from Court of Appeals, .New Orlepns.- - 

Filed Per Curiam, 

Filed Judgment issued as Mandate, Mailed copy to Judge Keady, attlys. fqr pltfs. 4 

attys. for defts. 

7-3-69 Mailed Notice of assignment of judge to counsel of record. 47 

7-7-69 Filed copy of Opinion of U. S. Ct. of Appeals on Petition For Rehdaring |& Petition 

Rehearing En Banc. BOTH DENIED. 

7-9-69 ' | Entered Order signed by Judge -Keady on 7-8-69, directing|defts|. to| file fnew |plan o 

+ '| desegregation not later than 7-23-69, pltfs. .to make objections by{ 7-28-p9 ‘4nd: plan 

be considered in C'dale on 7-30-69, in COB.4, pages 157 & 158. Notice of entry mai 

to. counsel of record. A FE 

7-11-69 | Filed Motion to Vacate Order dated July 8, 1969. Copy mailed fo Martin Kilpatrick. 

, 7-14-69 [Filed copy of letter written by Law Clerk to counsel advising qf cHange of t me to 

D. C. 110 Tr G viiie ror nearing UIT qUESCIOIT Of whether proceeaIngs SIrot 

(2) 
(see 8-25-69) 

record at this point. 

PO 

From this designation through 1-29-70, these pleadings were incorporated in 

a record which is not in my file./ I have attached a copy of the index of this



2 J ER CLERK'S FEES AMOUNT 
REPORTED IN 

FILINGS—PROCEEDINGS 
EMOLUMENT 

PLAINTIFF DEFENDANT RETURNS 

7-15-69 MAILED JACKET FILE TO GREENVILLE, 

7-18-69 Entered Order signed by Judge Keady on 7-17-69, vacating Order of| this ct. dated 7-8 

pending disposition by US Ct. of Appeals of defts' motign to teseind mandate, in 

COB 4, page 164, Notice of entry mailed to counsel of ngecord 

7-30-69 | Filed Interrogatories to Defendants. 

8-14-69 | Filed Request. by Defendants for Admissions. 

8-25-69 | Filed Plaintiffs' Answers to Request by Dé&fendants for Admissions} 

8-25-69 | Mailed Record and Exhibits back to Fifth Circit at requept of Mr. Lucketit. |He is [fil 

on behalf of his clients, a petition for writ of certiorari and requests the Clerk to 

certify same on to the Supreme Court of U, S, 

8-27-69 | Filed Plaintiffs! Objections to Request by Defts. for Admissians, together vith Nqgtic 

of Motion. Copies mailed to Martin Kilpatrick in G'villp. = 0% 

9-2-69 |Filed copy of letter from Law Clerk to counsel setting Bk 9-22 69 [for Motions to be 

heard, Aberdeen, Miss. : : 

9-15-69 [MAILED JACKET FILE TO ABERDEEN for Motions on 9-22-69. 

10-1-69 | Filed (in G'ville) Petition for Injunction Against Interference with the Op¢ration of 

Schools of the District in Accordance with the Orders of| this Court and Against Inter 

ference with Defendants and their Attorney in the Performance pf Their Constitutional 

10-1-69 | Order signed by Judge Keady setting hearing on application for| preliminary injunctlion 

10-3-69.-in G'ville, entered in COB 4, page 318. 
ay 

10-3-69 | Bond and Security for Preliminary Injunction in the amount of $2,000.00 [accepted by J 

Keady and placed in Jacket File. 

10-3-69 | Filed Exhibits 1 through 9 for Petitioner. 

10-6-69 | Entered Order signed by Judge Keady on 10-3-69 enjoining Aaron E. Henry,| et |al, from 

picketing the residence of school Trustees and their attys., etc. | Marshal |directled 

order on persons involved. COB 4, pages 319 and 320. 

10-13-69| Filed returned Orders with Marhsal's Return showing service op Aaron Hepry lat Clarksq 

on 10-1-69, setting hearing; and on Aaron Henry, R. L. Drew, Bennie Goofen,| James| Ju 

Guy and David Self on 10-3-69 at Clarksdale and B. F. MdLaurip and Roberta McCaskjill 

10-4-69 at Clarksdale. : 

-{ 

10-21-69 | Filed Ct. Rpr's transcript of proceedings held in G'ville on 10-3-69 before Judge [Kea 

11-26-69 | Entered Order, signed by Judge Keady on 11-25-69, directiing Sdhool Distyict| to confesx 

with HEW for adoption of new plan; recommendation to be [filed |by 12-23-69; pbjections 

be filed by 1-2-70; evidentiary hearing set for C'dale on 1-9470.| COB 4, pl. 377 & 3 

Notice of entry mailed to counsel of record. 

12-12-69 | Filed Answer of Defendant, Clarksdale Municipal Separatgq Schopl Dist. tp Interrogpatos] 

Propounded to it by Plaintiffs. 

/ 12-23-69 | Filed (in G'ville) Report & Proposed Plan of H. E. W. 

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pi DC 6428-K ® 
D. C. 110 Rev. Civil Docket Continuation 

DATR PROCEEDINGS ; 
/ 

3 1 1-2-70 Filed defts' Objections to Plan for School Desegregation Filed by US Office of. 

{ HEW; Motion to Strike Desegregation Plan‘ Prepared & Filed by HEW; "Motion to 
Dismiss Because of Lack of jutisdiciton Over Subject Matters Copies mailed to 

* Judge Ready 's Law Clerk, 

N
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1-5-70 Filed Pltfs' Objections to Plan of besegregation: Copy mailed to John Hallman, 
1-9-70 Entered Exhibits # 1 through # 17. : + ; 2 

1-10-70 | Filed Response to Directions of Court. 
1-13-70 | Filed Motion for Modification of Order or in Ihe Alferaative, for Additional Find 

of Facts. Copy mailed to John Hailman. - 

1-14-70 | Entered Order, signed by Judge Keady on 1-10-70, setting out steps to be implemen 

: in obedience to mandate of 5th Circuit with goal toward desegregation, in COB 4, 
pages 443-449, Notice of entry mailed to counsel of record. 

1-14-70 | Entered Order of Reference to Special Master, signed by Judge Keady on 1-10- 70, i 
COB 4, ‘pages 450-452. Notice of entry mailed to ¢ounsel of record. =-' 

1-15-70 | Entered Order denying pltfs' motion for modification or add'l finding of facts. 
signed by Judge Keady on 1- 14- 70, in COB 4, page 455. Notice of entry mailed to 
counsel of record. 

1-15-70 | Entered Order denying pltfs' motion for injunction placing ‘HEW plan into effect 
immediately pending appeal, signed by Judge Keady on 1-14-70, has been gntefed in 
COB 4,- page 456. Notice of entry mailed to counsel of record. 

1-15-70 | Filed Notice of Appeal - $250.00 cash bond. Certified copy of Notice mailed to 

5th Circuit, Ct. Rpr, Law Clerk & opposing counsel. 
1-28-70 |Filed Notice of Appeal & Cross-Appeal by Defts., together with $250.00 Cost Bond, 
1-28-70 [Mailed original record on appeal to Fifth Circuit. . 

1-29-70 |Filed Pltfs' Designation of Record on Appeal. Copy pelle) to SthCircuit. 
/ 2-19-70 Mailed Exhibits to 5th Circuit as per request from Semmes Luckett. Maps & aerial p 

> 3-2-70 |Entered Order, signed by Judge Keady on 2-27-70, extending time for filing of repc 
by special master until 3-10-70, in COB 5, page 102. Notice of entry mailed to 
counsel of record. : 

3-11-70 | Filed Special Master's Plan dated 3-6-70. Mailed certified copies to all counsel 
. of record and to Supt. of School. 
3-12-70 | Filed statement of Special Master for professional services Po out of pocket expens 
3-18-70 |Filed Motion for Additional Time in Which to File Objections to Master s Plan, Cgc 

mailed to Law Clerk. 

3-19-70 |Entered Order, signed by Judge Keady on 3-18-70, allowing payment of services & 
y expenses to Dr. Murphy, in COB 5, page 138. Notice mailed to all counsel of recox 

3-19-70 |Entered Order, signed .by Judge Keady on 3-18-70, extending time for filing excepti 
to plan until 4-13-70, in COB 5, page 139. Notice of entry mailed to all counsel, 

4-9-70 Mailed Notice of Hearing on Special Master's Report & Ublections thereto, to be he 

in Aberdeen on 4-15-70, to all counsel of record. 
4-10-70 | MAILED JACKET FILE TO ~ ABERDEEN for hearing on 4-15-70. 

~ 4-10-70 | Filed Pltfs' Objections to Report” & Plan of Special Master & Statement of Positio 
4-10-70 | Filed Interrogatories to Defendant. 

4-13-70 | Filed Notice of Depositions Upon Oral Examination to be taken by Pitfs. In Atlant 
.y Ga. on 4-17-70. 

4-13-70 Filed Objections of Defts. to Spec. Master's i Pro 0555 mailed to Yois ory on 

4-15-70 | Notice mailed (from Aberdeen) to all counsel of record resetting hearing for 4-24+ 

in Aberdeen. 
4-17-70 | Filed Ct's Opinion received from 5th Circuit, retaining jurisdiction during limite 

remand for further proceedings . 

4-24-70] Hearing in Aberdeen on Spec. Master's Rpr. & Exceptions, Matter taken under advip 
| Filed P1tf's Exhibit #1. vo : Te 

5-5-70 | Filed pltfs' Motion for Order FTEs for Eeyloils Reports, together with Notic 
Copies mailed to Judge Keady. 

fit OVER 

kkk 

in a record on appeal which is not in my file (see 5-27-70). 
attached a copy of the index of this'record at this point. 

From this designation through 5-12-70,’ these pleadings were incorporated 

I have



DATE PROCEEDINGS . 

5-11-70| Filed Memo. Opinion of Ct. dated 5-8-70, and entered Order, signed by Judge Keady 

5-8-70,. overruling exceptions of pltfs., & defts. to master's plan .and adopting sai 
plan in its entirety, with supplements thereto, in COB 5, pages 220-224, inclusive 
Notice of entry mailed to.counsel of record. . R 

J 2-12-70] Filed Ct. Rpr's transcript of progesdings held: in Aberdeen, Miss.. on 4- 2- 70. GC qo 
JL 5-12-70| Mailed record on appeal to 5th Circuit. ; e , % 

51 5-22-70 [Filed Motion to Withdraw the Record. Ce mailed to on AY ap 

54 5-25-70 [Filed defts' Respopse to Motion to Withdraw the Record. Copy mailed to Foes re 

55 5-27-70 [Filed letter from John Hailman, Law Clerk, with Judge's instructs re: mailing recdr 
counsel for both parties. ies ' : 

5-27-70 [Mailed original record to counsel for Tir by Reglstered REY Feceipt req 

56 6-2-70 Filed Defts' Answers to Interrogatories Dated April 9, .1970. : 
7-2-70 Filed copy of letter from counsel for pltfs. to counsel for defts. forwarding recor 

66y 8-13-70 | Filed Fifth Circit Court's opinion- —order - REVERSED and REMANDED. as to principal 

4 appeal; AFFIRMED as Lo cross-appeal, Mailed copy of same to Judge Keady,. =. 

: Atty. Leventhal and Luckett. - , faliom oe va 
8-17-70 | MAILED JACKET FILE TO GREENVILLE ro med a or 

: 8-18-70 | Mailed notice (ffom Greenville) that a pretrial conference. to be followed by- a £11 
hearing is set for Fri. Aug. 21, 1970, 10:00 A.M., at Greenville, Miss. 

94 8-20-70 | Filed Motion For Amendment To Order OF May 8, 19 705 xxigRE Mailed Copy to Fudge 

Keady's Law Clerk. Mailed orig. to Greenville to be placed in jacket file. 

96 8-24-70 | Entered Supplemental Order Upon Remand, signed by Judge Keady on 8-21- 705 in COB )5, 
pages 340-343, Notice of entry mailed to counsel of record. 

100 8-25-70 | Entered Order, signed by Judge Keady on 8-24-70, setting out deadlines for submissi 
of reports mentioned in YY 4 & 6 of above eider. in COB 5, pages3a4, Notice of ent 
mailed to counsel of record. 

101 10-14-70 | Filed Motion to withdraw $250.00 cash ST on appeal by counsel for pltfs. Cort, ma 
to. Judge Keady. ol 3 

~ 12-8-70 | Filed copy of letter From Fr epi Committee to Judge Keady regarding dg" 1 time §& 
| in’ submitting plan for desegregation of Booker T. Washington -School: 
12-870 Filed copy of letter from Judge Keady to Advisory Committee ceiling ay Hr add' 

© 12-8-70 | Filed copy of letter from Judge Keady to counsel for defts. with regard to progress 
103 12-28-70 Filed Proposed Plan of Pupil: Assignment... Copy mailed to- Judge Keady.. . 

1-11-71 | Mailed Notice to counsel of record setting Hearing for C'dale on 1-18-71. 
1-12-71 Filed letter-.-received by Judge Keady on 1-8-71 from Advisory Committee with their 

105 1-12-71-| Filed Response by.Defts. to Plaintiffs! Proposed Plan of Pupil Assignment. 
108 1-15-71] Filed Pltfs' Alternative Plan of Pupil Assignment. Copy handed to Judge Keady. 
111 1-19-71 | Entered Order, signed by Judge Keady on-1-19-71, effecting plan for desegregating 

T. Washington School, effecting by Sept., 1971; biracial committee to make recompe 

on zone lines for Oliver by 4-1-71, school board .by 4-20-71; evidentiary hearing 
May term of Ct. & final order to be entered. COB 6, pages 161-163. Certified cop 
Order mailed .to all members of biracial committee, members ot Bd. of Edu., Supt. 

and counsel of record as directed in Order. 
114 1-26-71 Entered Order, signed by.Judge Keady on 1-25-71, ordering school board to file rkp 

3-1-71, & on 12-1 and 4-15 of each school year subsequent to 70-71 setting forth| i 
required -in ordér. COB 6, pages 177-179. Notice of entry mailed to .counsel of fe 

2-24-71 Filed copy of letter from Judge Keady to counsel for defts. in reply to his letter 

advising of standard procedure on rpring. 

117 3-1-71 Filed Report called for by order of 1-25-71. 

3-18-71 | Filed copy of letter from Judge Keady to Chairman of Advisors Committee re: attenda 
r. ‘meeting on 3-22-71.by members. Copy mailed to all members as directed by Frances 

136 3-22-71 Filed Motion for Supplemental Relief with Notice of Motion. Filed Intérrogatories 

139 Defendants. Copies mailed to Judge Keady. 

3-26-71 | Mailed Notice to counsel of record setting hearing on Sis for Supp "1 FEF in 

5-19-71. 

\. - SHEAR - ned — es 



Gaz 
145 

147 

176 

181 

185 

(os 
190 

191 

211 

217 

220 

222 

236 

241 

244 

246 

250 

256 

259 

263 

oe 

280 

282 

Rs DC 6428-K Eo 

D. C. 110 Rev. Civil Docket Continuation 

DATE PROCEEDINGS . : 3 

4-1-71 Filed letter from Advisory Committee to Judge. 

4-1-71 Entered Order, signed by Judge Keady on 3-31-71, ordering Bd. of Trustees & Supt. 

to file proposal for altering zonw lines of Oliver to serve grades 1-6 by 4-20-71 
same to be considered by ct. on 5-19- 71. COB 6, pages 285 & 286. Notice of entry 
mailed to counsel of record. : 

4-19-71 | Filed Answers to rT Pl to Defendants. 
4-20-71 | Filed Response of Defts. to Orders of 1-19-71 & 3-31-71. 

~ 5-18-71 | Mailed Notice to counsel of record resetting hearing ‘on motion gor supp'l relief fo 
5-27-71 in C'dale. . . 

5-27-71 Filed Amendment to Response of Defendants to Orders of 1-19-71 & 3-31-71. 
5-27-71 | Order, signed by Judge Keady, setting out faculty ratio, and assignment of pupils 

preceding school year. COB 7, pages 34-36. Notice of entry mailed to counsel. 
9-8-71 Filed Defts” Motion for Leave to Assign to Booker T. Washington Elementary School, 

Certain Students now Assigned to Oliver Elementary School. Copy mailed to Francés 

9-9-71 Entered Order, signed by Judge Keady on 9-7-71, authorizing defts.. to reassign &|t 
4th, 5th & 6th grade students from Oliver to Booker T. for purpose of relieving ¢v 
trowded conditions at Oliver, COB 7, page 132. Notice OF Sheryl mailed to counséy 

12-1-71 Filed Report called for in Order of 1-25-71. 
2-16-72 Filed Petition for Permission to Sell Lands Not Needed for School Purposes and td 

the Proceeds in Similar Property. Copy handed to Will Ford. 
3-21-72 [Mailed Notice of Hearing in G'ville on 3-31-72, to counsel of record. 

3-29-72 | Filed P1tf4' Response to Defts' Petition for Permission to Sell Lands not Needed |f 
School Purposes. Copy mailed to Frances Griffin & original mailed to Mary for jdc 

4-3-72 Entered Order, signed by Judge Keady on 3-31-72, directing the Board of Trustees 
submit alternative proposals for acquisition of other school sites in "neutral" 

neighborhoods, etc. before selling presently owned site in NE sector of Clarksdall 
in COB 8, pages 67 & 68. Notice of entry mailed to counsel of record. : 

4-14-72 Filed Report called for by order of Ct. dated 1-25-71. 

7-5-72 |Filed Petition for Permission to Sell Lands Not Needed for School Purposes and to 
Invest the Proceeds in the Purchase or Rental of Portable Classrooms, ~ Copy mailed 
to Judge Keady by coungdl, ~:~" =o. 0: <E. 1 - * "to Judge by’ counsel. 

7-25=7TZ] Answer to School District's Petition for Permission to Sell Lands filed. Copy maill 

7-27-72 | Response to Pltfs' Answer to Petition for Permission to Sell Lands filed. Copy 
mailed to Frances Griffin. . Siw 

8-1-72 Motion to Compal Defendants ro! TESuspore STUtents filed Copy mailed to > Judge Kead 

by counsel; vd : " iE Ed 

8-2-72 | Filed letter from Law Clerk’ to setting erg on motions in G’ ville on 8t9 
8-7-72 ‘Motion to Remove & Replace Board of Trustees & Notice thereo? filed. 

Motion to Add Parties Defendant & Notice thereof filed." fort TT 

ld Copies mailed to Judge Keady by counsel.: : EOE : Ji NR 

8-8-72 | Mailed Notice of Hearing on Motions set oF G'ville on 9-25-72 at 9:00 a.m., to ¢o 
8-9-72 | Hearing (in G'ville) on defts' petition for permission to sell lands - petition gr 
8-14-72| Defts' Exhibits 1-A through 1 G, placed in jacket file. : 
8-14-72| Order Authorizing Sale of Lands not Needed for School Purposes and for Use of Prdc 

of Sale, signed by Judge Keady on 8-9-72, entered in Civil Order Book 8, pages 231 
Notice of entry mailed to counsel of record. 

8-22-/2 | peft's Interrogatories to Pltfs, filed, 
9-15-72] Deft's Response -to Motion to Compe) Defendants to Ransport Students filed. Copy 

mailed to Ray Mitchell. 
9-25-72 | P1tfs’ Motion to compel defts. to transport students CYL Er 

9-25-72 | Entered Order, signed by Judge Keady on 9-25-72, directing defts. to bus students|i 

grades 1 through 6 that lived more than 1% miles from school, to commence 10-16-77. 

COB 8, pages 276 & 277. Notice of entry mailed to counsel of record. 

10-2-72 Motion to Amend Order of 9-25-72 filed, Copy mailed to law clerk. 
OVER 



DATE PROCEEDINGS 

284 10-4-72 Entered Order, signed by Judge Keady on 10-3-72, directing that defts. not utiliz 

F
Y
 

any of the reassignment methods suggested in § 4 of their response so as to minim 

number of students required to be frongported, in COB 8, pages 293 & 294. Notice 
| entry mailed to counsel of record. .. : Te- 

10-6-72 Filed copy of letter from Judge Keady to counsel re , Jemployment of 5T5k seTenos 
major as proposed by deft. school board. 

286 10-6-72 Filed Notice of Appeal, Cost Bond & Designation of Record and Statement of Issue 
be Presented on the Appeal, Certified copy of Notice mailed to counsel, 5th Cirdu 

Mrs. Hogue & Ct. Rpr. 
293 10=18=72 Filed Ct. Rpr's Transcript of proceedings held in C'dale om 9-25-72, before 

Judge. Keady (Kelly)... "on 
10-20-72 | Mailed Record on Appeal, as ir a to 5th Circuit. : 2 Eh 

355 11-30-72 . Report by order of 1-25-71, filed. 
11-22-72 | Filed copy of. Motion of. pits, - to return opel TOE -& Copy. SE Judge" S. order. : 

~~ |.Filed copy. of check # 2060 foru$l, 500.00 payshle to Anderson, Banks, :Nichols. & Lev 
; ie { as refund of cost bonds on appeal, fer SEE SR ge Sr : 35 : 

376 4-16-73 .Filed Report to the Court = . " I . . Fe rem 

399 6-25-73 Filed certified copy of an opinion- GT SESH Circuit Issued as and for the and 

. AFFIRMED & REMANDED, Copy mailed to Ray Mitchell at G'ville. . 

Go575 Filed Bill of Costs approved by 5th Circuit & taxed in the amount of $39. 50. 
7-9-73 Received original record on appeal from 5th Circuit. 

403 10-29-73 Notice of Withdrawal of pltfs' motion TO TemOVE & Te 7,ce Bd, of Trustees Filed dn 
or about 8-3-72, filed. Copy mailed to Ray Mitchell at G'ville. 

405 11-30-73 Filed Report to the Court 

425 3-26-74 Entered Order, signed by Judge Focdy | on 3-25-74, GT TNE filed 10-14-70 

directing that Clerk refund to pltfs, the sum of 2220. 00 as appeal bond, in COB 11 

Certified copy mailed to Clerk for payment. 

426 4-1-74 | Report to the Court filed. 

4-4-74 Received copy of check & transmittal letter with return receipt showing. $230. 00 re 

for cost bond received by counsel for pltfs. 

445 8-1-74 | Motion for Leave to File Supp'l Complaint & Notice of Motion filed. 

448 Motion for Leave to Intervene as a Party Pltf. & Notice of Motion filed. 
450 Motion to Shorten Time for Filing Answers to Interrogs. & Notice of Motion filed. 

452 Interrogatories to Deft. filed. 
Copy of all motions & notices mailed to Ray, together with copy of proposed supp’ 

455 8-16-74 Response in Opposition to Motion of Joseph Hardy for Leave to jorsEyeas as a Party 
Plaintiff filed. Copy mailed to Judge Keady at G'ville. 

8-23-74 Received copy of letter from Judge Keady to counsel with regard to rT i s fees. 

457 8-23-74 Entered Order, signed by Judge Keady on 8-22-74, denying motion of Joseph Hardy t¢ 
intervene as a party pltf. but w/o prejudice to his right to kite LG act 

COB 11, pages 239 & 240. 

9-18-74 Entered Order, signed by Judge Keady 9-16-74,(1) allowing Pltfs 30 days to file 
v
 

motion for fees enumerating legal services Yondered prior to 7-1-72 etc., (2) that 
| within 15 days after receipt of motion and accompanying affidavits, defts. shall 
respond, (3) that sworn responses must be made by defts to all- statements of fact 

made under oath by pltfs or their representatives, (4) that the issue of attys 
fees is set for full hearing at Clarksdale on 12-18-74 at 9:00 A.M. and (5) that 
the court schedules a.pretrial conference on 12-11-74 at 1:30 P.M. in Clarksdale. 
COB 11, page 264. Notice of entry mailed counsel. 

9-18-74 Mailed notice of Pretrial Conference to be held in Clarksdale on 12-11- 7 at 

1:30 P.M. to all concerned. 

10-25-74 J Entered Order, signed by Judge Keady, allowing pltfs. an add'l 60 days within whit 

to file documents enumerated in Ct's 9-16-74 order, in COB 12, page 17. 
459 11-27-74 Report to the Court called for by order. of 1-25-71, filed. 

SEE NEXT PAGE 



D. C. 110 Rev. Civil Docket Continuation 

Henry v. Clarksdale Schools 

DATE PROCEEDINGS . ; 7 

( 1-10-75 Affidavit in Support of Motion for Award of Attorney's Fees filed. Copy mailed to 

Judge Keady by counsel. 

1-22-15 Affidavit in Support of Award of Pltfs' Attorneys' Fees filed by Melvin Leventhal. 

Copy mailed to Judge Keady by counsel. 

2-20-75 

A 

Entered Order, signed by Judge Keady on 2-18-75, allowing defts. an add'l 30 days 

from date in which to file response to pltfs' motion & affidavits as required by 

Ct's order of 9-16-74, in COB 12, page 220. 

476 __3-24-175 Report to the Court called for by order of 1-25-71, filed. 

' Fees set for G'ville on 11-10-75 at 1: 9-29-75 | Mailed Notice of Hearing on Issue of Attys 

10-10-75 Motion for an Award of Attorneys' Fees filed. Copy mailed to law clerk. 

11-5-75 Objections by Defts. to Award of Attorney's Fees with Affidavit of Gycelle Tynes,| = 

Former Superintendent of Schools and Affidavit of Chester H. Curtis, Former Pres. 

of Bd, of Trustees, filed. Copy mailed to law clerk. 

11-11-75 | Entered Order, signed by Judge Keady on 11-10-75, directing pltfs. to pay to Hon. 

Melvyn R. Leventhal, counsel for pltfs., the sum of $1,500.00 as attys. fees for 
services since 7-1-72. All claims for services rendered prior to said date are 

denied. COB 14, page 64. Notice of entry mailed to counsel of record. 

493 12-1-75 | Report to the Court filed. 

12-8-75 |Notice of Appeal filed. $250.00 Cash Cost Bond received (R#28076) Copy of notice 
mailed to 5th Circuit, counsel of record & Ct. Rpr. 

12-22-75 i ov. 10, 1975 
1-16-76 |Motion of Defts. for Order of Dismissal filed. Copy mailed to law clerk, togethe 

with orig. of the brief. 

1-19-76 Mailed record on appeal to 5th Circuit with copy of cover letter & docket entries, 

as numbered, to counsel of record. 
1-22-76 | Entered Order, signed by Judge Keady on 1-21-76, holding defts' motion for final 

order in abeyance pending final outcome of appeals, in COB 14, page 211. 

514 1-30-76 Received copy of letter from counsel for appeallant to 5th Circuit with Jeguest th 

entrie record be mailed as opposed to record already mailed. [||2eba0524-4ec3-4e3b-9c0e-21798d058e64||]