Defendants Response to Motion to Join and Substitute Parties

    UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

O

RONALD BRADLEY, et al.
Plaintiffs,

v.

WILLIAM G. MILLIKEN, et al,
Defendants,

and
DENISE MAGDOWSKI, et al, Civil Action

Defendants-Intervenors, No. 35257
and

i

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

Defendant-Intervenor,

ALLEN PARK, et al,
Defendants-Intervenors,

and
KERRY GREEN, et al,

Defendants-Intervenors .
/

STATE DEFENDANTS' RESPONSE TO PLAINTIFFS' 
MOTION TO JOIN AND SUBSTITUTE PARTIES

Now come defendants, Governor, Attorney General, State Board 
of Education, Superintendent of Public Instruction and Treasurer 
of the State of Michigan, referred to herein collectively as the 
state defendants, by their attorneys, Frank J. Kelley, Attorney 
General of the State of Michigan, and Eugene Krasicky, Assistant 
Attorney General, and make their response to plaintiffs' motion 
to join and substitute parties, respectfully representing to this 
Honorable Court as follows:



* » *

V

1. The state defendants respectfully request that 
this Court hold such motion in abeyance, as premature, pending 
final disposition of the petition for certiorari which the state 
defendants unequivocally intend to file with the United States 
Supreme Court seeking its review of the majority decision of the 
Sixth Circuit Court of Appeals rendered herein on June 12, 1973.
Bradley v Milliken, ___ F2d ___, Nos. 72-1809 - 72.1814, June 12,
1973, en banc, Slip Opinion, pp 1-81. The last day for filing 
said petition for certiorari is September 10, 1973.

2. In the event this Court does not hold plaintiffs' 
motion to join and substitute parties in abeyance, as premature, 
the state defendants do not oppose such motion. However, in the 
event this Court decides to grant the motion to join and substitute 
parties, the state defendants respectfully submit that, in accordance 
with the Sixth Circuit majority opinion, supra, pp 68-69, the joinder 
of parties be effectuated prior to a hearing and decision upon 
plaintiffs' motion to require submission of proposals to the 
legislature. Otherwise, this Court will be perpetuating the 
original error of entering orders affecting school districts that 
have not yet been made parties to the case and afforded an 
opportunity to be heard.

WHEREFORE, the state defendants respectfully request this 
Honorable Court to hold in abeyance, as premature, plaintiffs' 
motion to join and substitute parties.

Dated: August 24, 1973

Respectfully submitted,
FRANK J. KELLEY 
Attorney General

Jv
Eugene Krasicky 
Gerald F. Young 
George L. McCargar 
Attorneys for State Defendants
Business Address:
720 Law Building
525 West Ottawa Street
Lansing, Michigan 48913

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