Defendant-Intervenor's Answer to Emergency Motion

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  • Case Files, Milliken Hardbacks. Defendant-Intervenor's Answer to Emergency Motion, 3ba1e0ca-53e9-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c245aa96-791f-4d65-bf62-4fc35e55a6e3/defendant-intervenors-answer-to-emergency-motion. Accessed April 08, 2025.

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    NO. 72-8002
IN THE UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT

BOARD OF EDUCATION OF THE SCHOOL 
DISTRICT OF THE CITY OF DETROIT, 
a school district of the first class,

Appellant,

vs.
RONALD BRADLEY, et al,

4

Appellees.
/

ANSWER OF DETROIT FEDERATION OF TEACHERS, 
DEFENDANT-INTERVENOR, IN OPPOSITION, FOR . 
PREMATURITY, TO EMERGENCY MOTION OF DETROIT 

' BOARD OF EDUCATION TO COMPEL STATE DEFENDANTS 
TO FUND 180 DAY SCHOOL YEAR.________________

NOW COMES Intervening Defendant, DETROIT FEDERATION 

OF TEACHERS, LOCAL 231, AMERICAN FEDERATION OF TEACHERS, AFL- 

CIO, and in answer and opposition to pending Emergency Motion 

of Detroit Board of Education to compel certain state officials 

to provide funds to keep the Detroit Public Schools operating 

for a full 180-day school year, says as follows:

1) Answering paragraph 1 of said Motion, Intervening 

Defendant admits the allegations contained therein.

2) Answering paragraph 2 of said Motion, Intervening 

Defendant admits the allegations contained therein.

3) Answering paragraph 3 of said Motion, Intervening 

Defendant admits the allegations contained therein.



/

4) Answering paragraph 4 of said Motion, Intervening 

Defendant admits the allegations contained therein.

5) Answering paragraph 5 of said Motion, Intervening 

Defendant admits the allegations contained therein.

6) Answering paragraph 6 of said Motion, Intervening 

Defendant admits the allegations contained therein on information 

and belief, except that Intervening Defendant Federation denies 

the conclusions that the Detroit Board cannot keep the schools

open through February, 1973.
7) Answering paragraph 7 of said Motion, Intervening

Defendant admits the allegations contained therein qn information 

and belief.

8) No answer is required.

9) Answering paragraph 9 of said Motion, Intervening 

Defendant admits the allegations contained therein.

10) Answering paragraph 10 of said Motion, Intervening 

Defendant admits only that the recited recommendations of

Dr. Wolfe were made and that the Board Resolution pursuant 

thereto was adopted but denies the conclusions that the Detroit 

Board cannot or should not continue the school year without

the proposed mid-semester closing.

11) Answering paragraph 11 of said Motion, Intervening 

Defendant neither admits nor denies the allegations in the first 

sentence, for lack of information. The Federation denies the 

allegations in the second sentence as inaccurate conclusions of

fact and law.
12) Answering paragraph 12 of said Motion, Intervening 

Defendant admits the allegations contained therein.



T

13) Answering paragraph 13 of said Motion, Intervening 

Defendant neither admits nor denies the allegations contained 

therein, not having sufficient information thereof.

14) Answering paragraph 14 of said Motion, Intervening 

Defendant admits the allegations contained therein.

15) No answer is required.

16) Answering paragraph 16 of said Motion, Inter­

vening Defendant admits the allegations contained therein.

17) No answer is required.

WHEREFORE, we pray that said Motion be denied, on 

account of prematurity, or in the alternative, that it be held 

in abeyance.

Respectfully submitted,

ROTHE, MARSTON, MAZEY, SACHS, 
O'CONNELL, NUNN & FREID, P.C.

By: ____________ _______ _________
Theodore Sachs

Attorneys for Intervening Defendant, 
Detroit Federation of Teachers 

1000 Farmer Street 
Detroit, Michigan 48226 
Telephone: 965-3464

Dated:

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