Letter from Opposing Counsel to Judges Kaess, Kieth and DeMascio RE: Emergency Motion

    R I C H A R D  B .  F O S T E R  
L A W R E N C E  B . L I N D E M E R  
T H E O D O R E  W . S W I F T  
J O H N  L . C O L L I N S  
D A V I D  C .  C O E Y  
R I C H A R D  B . F O S T E R , J R .  
W E B B  A . S M I T H  

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T H O M A S  R . R O B E R T S  
L Y N W O O D  E . B E E K M A N  
A L L A N  J .  C L A Y P O O L  
P H I L I P  T .  C A R T E R  .
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P E T E R  F.  M c N E N L Y  
D A V I D  W.  M c K E A G U E  
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T E L E P H O N E  3 7 2 - S O S O  

A R E A  C O D E  517

December 7, 1972

O F  C O U N S E L
T H O M A S  G . M c G U R R I N ,  J R .  

M A U R I C E  M.  M O U L E

M A S O N  O F F I C E  
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M A S O N ,  M I C H I G A N  4 8 S 5 4  

T E L E P H O N E  ( 5 1 7)  6 7 6 - 1 0 7 1

Honorable Fred W. Kaess 
Chief United States District Judge 
Eastern District of Michigan 
707 Federal Building 
Detroit, Michigan 48226
Honorable Damon J. Keith 
United States District Judge 
Eastern District of Michigan 
707 Federal Building 
Detroit, Michigan 48226
Honorable Robert E. DeMascio
United States District Judge 
Eastern District of Michigan 
707 Federal Building 
Detroit, Michigan 48226

Re: Bradley v Milliken; Civil Action No. 35257

Your Honors:
On November 28, 1972, the Detroit Board of Education 

filed with your Court an emergency motion asking this Court 
to mandate certain state officials to provide funds to allow 
Detroit Public Schools to operate for a full 180 regular school 
days. At the time of the filing of the motion, it was alleged 
that the school system of Detroit was going to close for an ex­
tended period of time as of December 22, 1972.

Based upon the showing of the emergency, this Court 
ordered responsive pleadings by December 7, 1972, and oral 
argument on December 11, 1972.

The Michigan Education Association, an intervenor in 
this cause by virtue of the order of the United States Court



F O S T E R ,  L IN D E M E R ,  S W IF T  & C O L L IN S ,  P. C.

Honorable Fred W. Kaess 
Honorable Damon J. Keith 
Honorable Robert E. DeMascio

of Appeals for the Sixth Circuit dated August 21, 1972, fully 
intended to respond to the emergency motion. In light of re­
cent revelations, however, it appears certain that tne emergency 
claimed in the original petition has vanished, and thus we do 
not see the reason for the accelerated time period to respond 
to the motion.

For this reason, although we remain vitally interested 
in the outcome of this litigation, we do not choose to answer 
this petition, nor do we intend to articulate our views at the 
hearing tentatively scheduled for December 11, 1972.

December 7, 1972 
Page two

We would urge you not to consider this matter on an 
emergency basis and not to proceed to the scheduled hearing 
on December 11, 1972.

Copies of this letter have been circulated to all 
counsel of record in this cause.

Very truly yours,
FOSTER, LINDEMER, SWIFT & COLLINS 
Attorneys for Michigan Education 
Association

By
Theodore W. Swift

TWS:j g
cc: Terry Herndon

Michigan Education Association