Final Judgment Under Rule 58, Federal Rules of Civil Procedure

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X/ January 4, 1978 

DELORES NORWOOD, ET AL 

Vv. wo. WC7053-K 

PARE ROTICE that Chief Judge William C. Keady signed the 

Final Judgment Under Rule 58, Federal Rules of Civil Procedure 

on January 3, 1978. This judgment has been entered in COB 29, Page 

131-192 

NORMAN X.. GILLISPIE, CLERK 
Pes r 
das TTY 3. (i 

Deputy Clerk, Jan J. Estes 

"0: rion. Peter M. Stockett, Jr., P.O. Box 220, Jackson, Ms. 39205 
Hon. Pred L. Banks, Jr., P.O. Box 290, Jackson, Ms. 39205 : SE 
Hon. Melvin R. 'leventhal, 10 Columbus Circle, Suite 2030, N.Y., N.¥. -10019 
fon, Cliff Finch, Governor, State of Miss., Jackson, Ms. 39205 : ; 

sissippi State Textbook Purchasing Board, P.O. Box 1075, Jacksom,Ms. 39.20 
Jane McCool, Moss Point, Ms. 39563 ‘ 

T.M. Sto-ne, Potts Camp, Ms. 38659 
Larry Tynes, Durant, Ms. 39063 
W.A. Matthews, P.O. Box 1075, Jackson, Ms. 39205 2s 
Charles E. Holladay, State Superintendent of Education, Jackson,Ms. 3920 

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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 

CLIFF FINCH, GOVERNOR, ET AL, Defendants 

FINAL JUDGMENT UNDER RULE 58, 

FEDERAL RULES OF CIVIL PROCEDURE 
  

Upon receipt of the mandate issued on December 13, 1977, 

by the United States Court of Appeals for the Fifth Circuit, dis- 

missing the appeal from our prior order of March 2, 1976, allow- 

ing attorney fees on the ground that said order was interlocutory 

and hence nonappealable, and upon inspection of the jacket file, 

and the court having concluded that the case is ripe for final 

disposition, that further delay in the allowance of attorney fees 

is contrary to the public interest and to the principles of 

Justice and equity, and the court being of the firm. opinion that 

the plaintiffs are entitled to an award of counsel fees in the 

sum hereinafter fixed,for the reasons cited in our prior published 

opinion, Norwood v. Harrison, 410 F. Supp. 133 (1976), which hold- 

ing was bottomed upon § 718 of the Emergency School Act of 1972, 

20 USC § 1617, a holding which we now reaffirm, as well as 

declaring an alternative ground for allowing said award is based 

upon the Civil Rights Attorney's Fees Awards Act of 1976, Pub. Law 

94-559, enacted October 19, 1976, 42 USC § 1988, it is ordered 

sua sponte as follows:   

That the members of the plaintiff class represented by 

Delores Norwood through her father Calvin Norwood, Van Siggers 

by his mother Floy Gates Siggers, Audrey Shanda Woodard by her 

father Henry King Woodard, and Andrew Galloway by his mother 

Gertrude Galloway, do have of and recover from the Honorable 

 



  

Cliff Finch, Governor, in his capacity as Chairman of the Miss- 

issippi State Textbook Purchasing Board, Charles E. Holladay, 

State Superintendent of Education, as Vice-Chairman of the Miss- 

issippi State Textbook Purchasing Board, W. A. Matthews, Executive 

Secretary of the Mississippi State Textbook Purchasing Board, and 

Larry Tynes, T. M. Stone and Mrs. Jane McCool, members of the 

Mississippl State Textbook Purchasing Board, in their official 

capacity but not individually, and their successors in office, 

and also the Mississippi State Textbook Purchasing Board, as a 

distinct public agency of the State of Mississippi, the sum of 

$23,852 as attorney fees payable to plaintiffs' counsel, Honorable 

Melvyn R. Leventhal, in the amount of $22,102, Honorable James M. 

Nabrit III, $1,750, and the additional sum of $4,999.44 taxed as 

reasonable and necessary costs incurred by the plaintiffs in the 

successful prosecution of this suit. 

For which let execution issue forthwith, and the clerk 

of this court 1s hereby directed to forward a certified copy of 

this judgment to all defendants hereinabove named, as well as to 

counsel of record for both the defendants and the plaintiff class. 

This, 3rd day of January, 1978. 

\ pa a 
Je. La Bina LY Te 
  

Chief Judge 4 
United States District Court [||58e87889-3bd3-4c72-ad02-d439bc1aa191||]