Plaintiff's Application for Order for the Payment of Attorney Fees and Costs

     [||9925935d-1d61-483c-a05a-1d7cbcf0a26c||] March 9, 1979 

Mr. Don Fredericks 

Box 2160 

University, Miss. 38627 

Re: Norwood v. Harrison 
  

Dear Don: 

Enclosed is what we filed in the above case to 

execute the judgment. Everyone, except Judge Keady, 

agrees that the method you came up with is advisable; 

Judge Keady issued an order similar to the proposed 

order in another case recently. 

Also, I am embarrassed to report that we lost your 

bill for your research; please send me another and I 

will make sure it gets paid. 

I hope this finds you well, 

Sincerely, 

Bill Lann Lee 

BLL:deh 

Enc. 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., ) 

Plaintiffs, ) 

v. : ) NO. WC 70-53-K 

D. L. HARRISON, et al., ) 

Defendants. ) 

PLAINTIFFS' APPLICATION FOR ORDER FOR 

THE PAYMENT OF ATTORNEY FEES AND COSTS 

Plaintiffs Delores Norwood, et al., respectfully 

request that the Court issue an order for the payment of 

attorney fees and costs to plaintiffs' counsel previously 

ordered by the Court in the Judgment of December 4, 1978, 

and the Memorandum Opinion of January 26, 1979, as amended 

February 5, 1979. The order should be issued for the 

following reasons: 

l. On December 4, 1978, the Court issued a final 

judgment awarding plaintiffs' counsel attorney's fees and 

costs incurred in the action through March 2, 1976, pursuant 

to the affirmance of the Fifth Circuit, 581 'F.24 518 (1978). 

Attorney's fees totaling $26,965.68 were awarded NAACP Legal 

Defense Fund/Melvyn R. Leventhal with interest accruing at 

the rate of $4.84 per day from December 1, 1978, until paid; 

attorney's fees totaling $2,135.13 were awarded NAACP Legal 

Defense Fund/James M. Nabrit, III, with interest accruing at 

the rate of $0.38 per day from December 1, 1978, until paid; 

A “u
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and costs totaling $6,109.62 were awarded NAACP Legal 

Defense Fund with interest accruing at the rate of $1.10 

per day from December 1, 1978, until paid. It was ordered 

and adjudged that the members and Executive Secretary of 

the Mississippi State Textbook Purchasing Board forthwith 

pay the above amounts. 

2. The December 4, 1978, Judgment provided that: 

"If this final judgment is not paid 

within 20 days from this date, the court 

expressly reserves the power to issue 

writs of garnishment and/or execution 
against Ed Pittman, Treasurer of the State 

of Mississippi, attaching funds appro- 
priated for the Mississippi State Textbook 
Purchasing Board and condemning same for 

the payment of the aforesaid amounts fixed 

in this final judgment." 

Judgment, at p. 2. Defendants' motion to alter or amend 

judgment was denied December 20, 1978. 

3. On or about December 28, 1978, plaintiffs’ counsel 

Bill Lann Lee telephoned the office of defendants' counsel, 

Hon. Peter M. Stockett, Jr., Assistant Attorney General, and 

requested that plaintiffs' counsel be advised when the judg- 

ment would be paid by defendants. On January 9, 1979, a 

formal written request for payment from plaintiffs' counsel 

to defendants' counsel was made. To date, defendants have 

neither paid nor advised plaintiffs in any manner as to 

payment. 

4. On January 18, 1979, defendants filed a notice of 

appeal to the Court of Appeals for the Fifth Circuit from 

the Judgment of December 4, 1978. No stay of the Judgment 

was sought nor supersedeas bond filed. 

 



  

5. On January 26, 1979, pursuant to the mandate of 

the Fifth Circuit, 581 F.2d 518 (1978), the Court determined 

a supplemental award of attorney's fees and costs for legal 

services performed by plaintiffs' counsel since March 2, 

1876. As modified by the Amendatory Order of February 5, 

1979, the Court ordered and adjudged the members and Execu- 

tive Secretary of the Mississippi State Textbook Purchasing 

Board and their successors in office to pay attorney's fees 

totaling $3,100 and reimbursable costs totaling $553.50, 

plus interest from January 26, 1979, to Melvyn R. Leventhal 

and Bill Lann Lee. The Court ordered that execution should 

issue on the amounts ordered and adjudged. To date, defend- 

ants have neither paid nor advised plaintiffs in any manner 

as to payment of the January 26, 1979, supplemental judgment. 

6. The net result is that the judgments to plaintiffs 

remain due and unpaid. 

CONCLUSION 
  

For the above reasons, plaintiffs request that the 

Court order payment of attorney fees and costs as set forth 

in the proposed Order for the Payment of Attorney Fees and 

Costs, attached hereto. 

Respectfully submitted, 
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JACK GREENBERG 
BILL LANN LEE 

Suite 2030 

10 Columbus Circle 

New York, New York 10019 

FRED L. BANKS, JR. 

538-1/2 North Farish Street 

Jackson, Mississippi 39202 

Attorneys for Plaintiffs 

i 

 



  

CERTIFICATE OF SERVICE 
  

Undersigned counsel certifies that copies of the fore- 

going Plaintiffs' Application for Order for the Payment of 

Attorney Fees and Costs and accompanying proposed Order for 

the Payment of Attorney Fees and Costs and Memorandum in 

Support of PLaiaEi Tes’ Application for Order for the Payment 

of Attorney Fees and Costs were served on counsel of record 

by placing copies in the United States mail, first class, 

postage prepaid, this 7th day of March, 1979, addressed to: 

Hon. Peter M. Stockett, Jr. 

Office of the Attorney General 

State of Mississippi 
Post Office Box 220 ; 

Jackson, Mississippi 39205 

  

Bill Lann Lee 

Attorney for Plaintiffs 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., ) 

Plaintiffs, ) 

7. ) NO. WC 70-53-K 

D. L. HARRISON, et al., ) 

Defendants. ) 

ORDER FOR THE PAYMENT OF 

ATTORNEY FEES AND COSTS 

Pursuant to the mandate of the United States Court of 

Appeals for the Fifth Circuit, 581 F.2d 518 (1978), and 

previous orders of this Court, this Court on December 4, 

1978, ordered and adjudged that defendant members and Execu- 

tive Secretary of the Mississippi State Textbook Purchasing 

Board pay counsel for the plaintiff class in the above 

styled litigation NAACP Legal Defense Fund/Melvyn R. Leventhal 

$26,965.68 (representing the principal award of $22,102 

together with interest at 8% per annum from March 2, 1976, 

through December 1, 1978) with interest accruing ok the rate 

of $4.84 per day from December 1, 1978, until paid; NAACP 

Legal Defense Fund/James M. Nabrit, III, $2,135.13 (repre- 

senting the principal award of $1,750 together with interest 

at 8% per annum from March 2, 1976, through December 1, 

1978) with interest accruing at the rate of $0.38 per day 

from December 1, 1978, until paid; and the NAACP Legal 

Defense Fund, $6,109.62 (representing the principal award for 

 



  

costs of $4,999.44, together with interest at the rate of 

8% per annum from March 2, 1976, through December 1, 1978) 

with interest accruing at the rate of $1.10 per day from 

December 1, 1978, until paid. Pursuant to the same mandate, 

this Court on January 26, 1979, as amended, February 5, 

1979, ordered and adjudged attorney fees in post-judgment 

proceedings to be due and payable to Melvyn R. Leventhal and 

Bill Lann Lee totaling $3,100 and reimbursable costs total- 

ing $553.50, plus interest from January 26, 1979, of 8% per 

annum, until paid. The Court is advised that the aforesaid 

final judgments of this Court have not been paid. 

Upon application of plaintiffs' counsel for an order of 

this Court to require payment by the defendants; provision 

in this Court's December 4, 1978, Judgment that if the judg- 

ment is not paid within 20 days, the Court expressly reserves 

the power to issue writs of garnishment and/or execution 

against the Treasurer of the State of Mississippi, attaching 

funds appropriated for the Mississippi Textbook Purchasing 

Board and condemning same for the payment of the aforesaid 

amounts fixed in the final judgment; and it appearing that 

no good cause exists for refusal of defendants to pay said 

attorney fees, reimbursable costs, and interest thereon, and 

that under the United States Supreme Court decision of Hutto 

v. Finney, 437 U.S. 678 (1978), the State of Mississippi, as 
  

well as Governor Cliff Finch, Charles E. Holladay, Jean 

McCool, Larry Tynes, T. M. Stone and W. A. Matthews, being 

the members and executive secretary of the Mississippi Text- 

book Purchasing Board, in their official capacities, must pay 

 



  

said fees and costs, irrespective of any provision of state 

law to the contrary, it is 

ORDERED: 

1. That W. Hampton King, State Auditor of Public 

Accounts, and E. L. Pittman, Treasurer of the State of 

Mississippi, be and they are hereby made parties to this 

action, shall be summoned to appear herein by the United 

States Marshal by being served a copy of this order, and upon ‘ 

being added as parties to this litigation shall act in accord- 

ance with the succeeding terms of this order. 

2. That Governor Cliff Finch, Charles E. Holladay, 

Jean McCool, Larry Tynes, T. M. Stone and W. A. Matthews, 

constituting the members and executive secretary of the 

Mississippi State Textbook Purchasing Board, and their suc- 

cessors in office, be and they are hereby directed, within 

thirty days from this date, to do the following: 

(a) To submit a requisition to W. Hampton King, 

State Auditor of Public Accounts for the issuance of a war- 

rant upon the State Treasurer to pay to the following counsel 

for plaintiffs, the aforesaid sums fixed by the final judg- 

ments of this Court, to-wit: 

NAACP Legal Defense Fund/Melvyn R. Leventhal, 

$26,965.68, with interest accruing at the 

rate of $4.84 per day from December 1, 1978, 

until paid: 

NAACP Legal Defense Fund/James M. Nabrit, III, 

$2,135.13, with interest accruing at the rate 

of $0.38 per day from December 1, 1978, until 

paid; 

NAACP Legal Defense Fund, $6,109.62, with 

interest accruing at the rate of $1.10 per 

day from December 1, 1978, until paid; 

 



  

Melvyn R. Leventhal and Bill Lann Lee, 

$3,100, with interest accruing at the 

rate of 8% per annum from January 26, 

1879, until paid; and 

Melvyn R. Leventhal and Bill Lann Lee, 

$553.50, with interest accruing at the 

rate of 8% per annum from January 26, 

1979, until paid. 

(b) Promptly upon receipt of said requisition, 

W. Hampton King, State Auditor of Public Accounts shall issue 

a warrant upon the State Treasurer to the above named counsel 

of plaintiffs for the payment of the aforesaid sums. 

(c) E. L. Pittman, State Treasurer, shall promptly, 

upon receipt of the warrant or warrants so issued by the 

State Auditor of Public Accounts, make payment thereof out of 

funds appropriated for the support and operation of the 

Mississippi State Textbook Purchasing Board or any other funds 

subject to the control of the State Treasurer. 

In case of the failure of the defendants to comply 

with this order and make full payment of the sums due here- 

under within thirty days from this date, the court reserves 

all of the rights and powers conferred upon it by Rule 70, 

Fed. R. Civ. P., for the execution of judgments of the federal 

courts, including the imposition of sanctions by way of civil 

contempt. 

The clerk of this Court shall issue summons for 

W. Hampton King, State Auditor of Publi c¢ Accounts, and E. L. 

Pittman, Treasurer of the State of Mississippi, by placing in 

the hands of the United States Marshal a copy of this order 

which shall be served upon each of the state officials and 

due rsaturn thereof made to the clerk of this Court. In 

 



  

addition thereto, the clerk of this Court shall forward by 

certified mail a true copy of this order to Governor Cliff 

Finch, Charles E. Holladay, Jean McCool, Larry Tynes, T. M. 

Stone and W. A. Matthews, constituting the members and execu- 

tive ‘secretary of the Mississippi State Textbook Purchasing 

Board, and Honorable A. F. Summer, Attorney General of the 

State of Mississippi, and upon all counsel of record. 

This day of March, 1979. 

  

Chief Judge 

United States District Court 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., ) 

Plaintiffs, ) 

Vv. ) NO. WC 70-53-K 

D. L. HARRISON, et al., ) 

Defendants. ) 

MEMORANDUM IN SUPPORT OF PLAINTIFFS 

APPLICATION FOR ORDER FOR THE PAYMENT 

OF ATTORNEY FEES AND COSTS 

The application for order for the payment of attorney 

fees should be granted for the following reasons: 

1. The final judgment of December 4, 1978, and 

memorandum order in the nature of a supplemental judgment 

of January 26, 1979, as amended February 5, 1979, awarding 

attorney's fees, reimbursable expenses and interest to 

plaintiffs' counsel are due and payable. 

2. To date, the judgments of the Court have not been 

paid, and no good reason exists why the final judgments 

have not been paid. 

3. It is therefore appropriate for this Court to issue 

an order for the payment of attorney fees and costs, as 

expressly provided for in the December 4, 1978, Judgment if 

the judgment is not timely paid in order to enforce the final 

judgments, prior orders of this Court, and the mandate of 

Court of Appeals for the Fifth Circuit, 581 F.24 518 (1978). 

 



  

4. Pursuant to Hutto v. Finnev, 437 U.S. 678 (1978), 
  

the State of Mississippi, as well as the members and execu- 

tive secretary of the Mississippi State Textbook Purchasing 

Board must pay said fees and costs, irrespective of any pro- 

vision of state law to the contrary, see Order for the 

Payment of Attorney Fees, Gates v. Collier, N.D. Miss. Civ. 
  

Action No. GC 71-6-K, dated January 25, 1979. 

CONCLUSION 
  

For the above reasons, plaintiffs' application for 

order for the payment of attorney fees and costs should be 

granted. 

Na 

Respectfully submitted, 

A 

oA) 

  

JACK GREENBERG 
BILL LANN LEE 

Suite 2030 

10 Columbus Circle 

New York, New York 10019 

FRED IL. BANKS, JR. 

538-1/2 North Farish Street 

Jackson, Mississippi 39202 

Attorneys for Plaintiffs 

 



    

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF MISSISSIPPI | 

| © GREENVILLE DIVISION 
i 

NAZARETH GATES, ET AL, Plaintiffs | 

UNITED STATES OF AMERICA, Plaintiff-Intervenor 

V. NO. GC 71-6-K 

JOHN COLLIER, ET AL, Defendants 

ORDER FOR THE PAYMENT OF ATTORNEY FEES 
  

Pursuant to the mandate of the United States Court of 

Appeals for the Fifth Circuit affirming an award to Roy S. Haber, 

counsel for the plaintiff class in the above styled litigation, 

in the sum of $41,750 as attorney fees and $10,986.05 for 

reimbursable expenses, and reversing the action of this court 

with instructions to award reasonable attorney fees to the afore- 

said counsel for post-judgment proceedings, and this court on 

“August 10, 1978, determined attorney fees in post-judgment pro- 

ceedings to be due and payable to Roy S. Haber in the sum of 

$2,562.50. The court is advised that the stovasntd judgments 

of this court have not been paid and, as such, the obligations 

owing by the defendants bear interest at the rate of 8% per 

annum from the respective dates of the aforesaid judgments until 

the amounts thereof have been paid. | 

Upon the application of Roy S. Haber for an order of this 

court to require payment by the defendants, and it appearing 

that no good cause exists for refusal of defendants to pay said 

attorney fees, allowable expenses, and interest thereon, and that 

under the United States Supreme Court decision of Hutto v. Finney, 

57 L ed 2d 522 (1978), the State of Mississippi, as well as 

John C. Watkins, Commissioner of Corrections, and H. E. Tinin, 

David Mitchell, Charles Young, Rev. Lee J. Edwards and Sarah E. 

Arnold, being members of the Board of Corrections, in their 

    

 



  

official capacities, must pav said fees, irrespective of any 

provisions of state law to the contrary; it is 

ORDERED 

1. That W, Hampton King, State Auditor of Public 

Accounts, and E. L. Pittman, Treasurer of the State of Miss- 

issippi, be and they are hereby made parties to this action, 

shall be summoned to appear herein by the United States Marshal 

by being served a copy of this order, and upon being added as 

parties to this litigation shall act in accordance with the 

succeeding terms of this order. 

2. John C. Watkins, Commissioner of Corrections and 

H. E. Tinin, David Mitchell, Charles Young, Rev. Lee J. Edwards 

and Sarah E. Arnold, constituting the Board of Corrections, and 

their successors in office, be and they are hereby directed, 

within thirty days from this date, to do the following: 

(a) To submit a requisition to W. Hampton King, State 

Auditor of Public Accounts for the issuance of a warrant upon 

the State Treasurer to pay to Roy S. Haber, Attorney at Law, the 

aforessid sums fixed by the final judgments of this court, toswit 

$41,750 attorney fees and reimbursable expenses of $10,986.05, 

together with 8% interest per annum thereon from February 14, 

1973, the date of the original judgment, and the further sum of 

$2,562.50 together with 8% interest per annum thereon from 

August 10, 1978, the date of the supplemental judgment ordered 

by the Court of Appeals. 

(b) Promptly upon receipt of said requisition, W. 

Hampton King, State Auditor of Public Accounts shall issue a 

warrant upon the State Treasurer to Roy S. Haber for the payment 

of the aforesaid sums. 

(c) E. L. Pittman, State Treasurer, shall promptly, 

upon receipt of the warrant or warrants so issued by the State 

 



  

Auditor of Public Accounts, make payment thereof out of funds 

appropriated for the support and creratich of the Mississippi 

State Penitentiary or any other funds subject to the control 

of the State Treasurer. 

In case of the failuye of the defendants to comply with 

this order and make of hl of the sums due hereunder 

within thirty days from this date, the court reserves all of 

the rights and powers conferred upon it by Rule 70, F. R. Civ. P., 

for the execution of judgments of the federal court, including 

the imposition of sanctions by way of civil contempt. 

This order shall supersede all rights of attachment 

heretofore sued oli upon the application of Roy S. Haber against 

the First National Bank of Greenville, Mississippi. 

The clerk of this court shall issue sundion for W. Hampton 

King, State Auditor of Public Accounts, and E. L. Pittman, 

Treasurer of the State of Mississippi, by placing in the hands 

of the United States Marshal a copy of this order which shall be 

served upon each of the state officials and due return theteof 

made to the clerk of this court. In addition thisretd; the clerk 

of .this court shall forward by certified mail a true copy of this 

order to John C. Watkins, Commissioner of Corrections and Honorable 

Ap Summer, Attorney General of the State of Mississippi, and 

upon all counsel of record. 

This, 25th day of January, 1979. 

  

Lider G.fead. 
Chief Judge 

United States District Court 

          

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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., ) 

Plaintiffs, ) 

v. iy NO. WC 70-53-K 

D. L. HARRISON, et al., ) 

Defendants. ) 

ORDER FOR THE PAYMENT OF 

ATTORNEY FEES AND COSTS 

Pursuant to the mandate of the United States Court of 

Appeals for the Wirth Circuit, 581 7.24 518 (1978), and 

previous Sraand of this Court, this Court on December 4, 

1978, ordered and adjudged that defendant members and Execu- 

tive Secretary of the Mississippi State Textbook Parchasing 

Board pay counsel for the plaintiff class in the above 

styled litigation NAACP Legal Defense Fund/Melvyn R. Leventhal 

$26,965.68 (representing the principal award of $22,102 

together with Interest at 8% per annum from March 2, 1976, 

through December 1, 1978) with interest accruing at the rate 

of $4.84 per day from December 1, 1978, until paid; NAACP 

Legal Defense Fund/James M. Nabrit, III, $2,135.13 (repre- 

senting the principal award of $1,750 together with interest 

at 8% per annum from March 2, 1976, through December 1, 

1978) with interest accruing at the rate of $0.38 per day 

from December 1, 1978, until paid; and the NAACP Legal 

Defense Fund, $6,109.62 (representing the principal award for 

5 5S SA BN AB BO I NT Os 3 AA 0 EE A A AI ASR T1511 Sa i omy SI mn 2 AT oo



  

# i» 

costs of $4,999.44, together with interest at the rate of 

8% per annum from March 2, 1976, through December 1, 1978) 

with interest accruing at the rate of $1.10 per day from 

December 1, 1978, until paid. Pursuant to the same mandate, 

this Court on January 26, 1979, as amended, EL Sy 

1979, ordered and adjudged attorney fees in posteibdonant 

proceedings to be due and payable to Melvyn R. Leventhal and 

Bill Lann Lee totaling. $3,100 and reimbursable costs total- 

ing $553.50, plus interest from January 26, 1979, of 8% per 

annum, until paid. The Court is advised that the aforesaid 

final judgments of this Court have not been paid. 

Upon application of plaintiffs' counsel for an order of 

this Court to require payment by the defendants: provision 

in this Court's December 4, 1978, Judgment that if the judg- 

ment is not paid within 20 days, the Court expressly reserves 

the power to issue writs of garnishment and/or execution 

against the Treasurer of the State of Mississippi, attaching 

funds appropriated for the Mississippi Textbook Purchasing 

Board and condemning same for the payment of the aforesaid 

amounts fixed in the final judgment; and it appearing that 

no good cause exists for refusal of defendants to pay said 

attorney fees, reimbursable costs, and interest thereon, and 

that under the United States Supreme Court decision of Hutto 

  v. Finney, 437 U.S. 678 (1978), the State of Mississippi, as 

well as Governor Cliff Finch, Charles E. Holladay, Jean 

McCool, Larry Tynes, T. M. Stone and W. A. Matthews, being 

the members and executive secretary of the Mississippi Text- 

book Purchasing Board, in their official capacities, must pay 

 



"4 » 

  

said fees and costs, irrespective of any provision of state 

law to the contrary, it is 

ORDERED: 

1. That W. Hampton King, State Auditor of Public 

Accounts, and E. L. Pittman, Treasurer of the State of 

Mississippi, be and they are hereby made parties to this 

action, shall be summoned to appear herein by the United 

States Marshal by being served a copy of this order, and upon 

being added as parties to this litigation shall act in accord- 

ance with the succeeding terms of this order. 

2. That Governor Cliff Finch, Charles E. Holladay, 

: Jean McCool, Larry Tynes, T. M. Stone and W. A. Matthews, 

constituting the members and executive secretary of the 

Mississippi State Textbook Purchasing Board, and their suc- 

cessors in office, be and they are hereby directed, within 

thirty days from this date, to do the following: 

(a) To submit a requisition to W. Hampton King, 

State Auditor of Public Accounts for the issuance of a war- 

‘rant upon the State Treasurer to pay to the following counsel 

for plaintiffs, the aforesaid sums fixed by the final judg- 

ments of this Court, to-wit: 

NAACP egal Defense Fund/Melvyn R. Leventhal, 
$26,965.68, with interest accruing at the 

rate of $4.84 per day from December 1, 1978, 

until paid; 

NAACP Legal Defense Fund/James M. Nabrit, III, 

$2,135.13, with interest accruing at the rate 

of $0.38 per day from December 1, 1978, until 

paid; 

NAACP Legal Defense Fund, $6,109.62, with 
interest accruing at the rate of $1.10 per 
day from December 1, 1978, until paid; 

- ii 

  

 



# » 

  

Melvyn R. Leventhal and Bill Lann Lee, 

$3,100, with interest accruing at the 

rate of 8% per annum from January 26, 

1979, until paid; and 

Melvyn R. Leventhal and Bill Lann Lee, 

$553.50, with interest accruing at the 

rate of 8% per annum from January 26, 

1979, until paid, : 

(b) Promptly upon receipt of said requisition, 

W. Hampton King, State Auditor of Public Accounts shall issue 

a warrant upon the State Treasurer to the above named counsel 

of plaintiffs for ihe payment of the aforesaid sums. 

(c) E. L. Pittman, State Treasurer, shall promptly, 

upon receipt of the warrant or warrants so issued by the 

State Auditor of Public Accounts, make payment thereof out of 

funds appropriated for the support and operation of the 

Mississippi State Textbook Purchasing Board or any other funds 

subject to the control of the State Treasurer. 

In case of the failure of the defendants to comply 

with this order and make full payment of the sums due here- 

under within thirty days from this date, the court reserves 

all of the rights and powers conferred upon it by Rule 70, 

Fed. R. Civ. P., for the execution of judgments of the federal 

courts, including the imposition of sanctions by way of civil 

contempt. 

The clerk of this Court shall issue summons for 

W. Hampton King, State Auditor of Public Accounts, and E. L. 

Pittman, Treasurer of the State of Mississippi, by placing in 

the hands of the United States Marshal a copy of this order 

which shall be served upon each of the state officials and 

due return thereof made to the clerk of this Court. In 

  

 



4 EK 

  

addition thereto, the clerk of this Court shall forward by 

certified mail a true copy of this order to Governor Cliff 

Finch, Charles E. Holladay, Jean McCool, Larry Tynes, T. M. 

Stone and W. A, Matthews, constituting the members and execu- 

tive secretary of the Mississippi State Textbook Purchasing 

Board, and Honorable A. F. Summer, Attorney General of the 

State of Mississippi, and upon all counsel of record. 
J 

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This / Z day of March, 1979. 

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a Chief Judge / 

United States District Court 

  

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Attest== St i." 
Normph 

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Re: Civil Action Ho. WC 70-53-K, 
Horwood v, Harrison 
  

Enclosed for filing is plaintiffs’ application 
for order for attorney fees and costs, a proposed 

i prder and a support 

Thank vou for your attention to this matter. 

ccs Hon, William 

Chief Judge 

Hon, Peter HB. & 

  

maa 
Ce. Reaqy 

ney General ow
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fa
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bee: Fred L.. Binks, Jr., Esq. 

Melvyn R. Leventhal, Esq. 

 



  

Hon. William C. Keady 

Chief Judge 
United States District Court 

for the Northern District of 

Mississippi 
Post Office Drawer 190 
Greenville, Mississippi 38701 

Re: Civil Action No. WC 70-53-K, 

Norwood v. Harrison 
  

Dear Judge Keady: 

Enclosed is a copy of plaintiffs’ application 

for an order for attorney fees and costs, a pro- 

posed order and a supporting memorandum, which IX 

have filed in Oxford per the attached letter. 

I hope this finds you well. 

Sincerely, 

pill Lann Lee 

Attorney for Plaintiffs 

cc: Hon. Peter M., Stockett, Jr. 

Assistant Attorney General 

bec: Fred LIL. Banks, Jr., Esq. 

Melvyn R, Leventhal, Esq. 

Don Fredericks [||9925935d-1d61-483c-a05a-1d7cbcf0a26c||]