Price v. Austin Independent School District Motion to Make Corrections to Brief of Appellants

    IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT

NOS. 90-8154 

SAMANTHA PRICE, et al. ,

Plaintiffs-Appellants, 
v .

AUSTIN INDEPENDENT SCHOOL DISTRICT, et al.,

Defendants-Appellees.

MOTION TO MAKE CORRECTIONS TO BRIEF OF 
APPELLANTS McMURTHY, WILLIAMS AND POWELL

Appellants McMurthy, Williams and Powell hereby move for an 
order permitting typographical, grammatical, stylistic, and other 
similar corrections to be made to their brief originally served 
July 16, 1990, in this Court.

The list of corrections are attached hereto. The corrections 
do not change the substance of the brief or the page numbering of 
the brief.

Counsel for defendants do not object to the corrections or to 
filing the brief as corrected.



WHEREFORE, appellants McMurthy, Williams and Powell hereby 
request the Court to issue an order permitting the filing of 
appellants' August 9, 1990, corrected brief.

Respectfully submitted,

JULIUS LeVONNE CHAMBERS
CHARLES STEPHEN RALSTON
NAPOLEON B. WILLIAMS, JR.

99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900

LYDIA GARDNER
702 San Antonio Street 
Austin, Texas 78701 
(512) 478-1600

Attorneys for Appellants
McMurthy, Williams and Powell

Date: August 9, 1990.

CERTIFICATE OF SERVICE

I hereby certify that I have this 9th day of August, 1990,
served a copy of the foregoing Motion to Make Corrections to Brief
of Appellants McMurthy, Williams and Powell upon the following
attorneys, by United States mail, first class, return postage
guaranteed, addressed as follows:

William H. Bingham, Esq.
James R. Raup, Esq.
McGinnis, Lochridge & Kilgore 
Texas Bank Building 
900 Congress Avenue 
Austin, Texas 78701

2



David Van Os, Esq.
Van Os, Rubinett & Owen, P.C. 
900 Congress Avenue, Suite 400 
Austin, Texas 78701

3



Corrections For
BRIEF FOR APPELLANTS McMURTHY, WILLIAMS AND POWELLNO. 90-8154
PRICE. ET AL. V. AUSTIN INDEPENDENT SCHOOL DISTRICT. ET AL.

On the cover page, delete the name "Price, et al." and add the 
names "McMurthy, Williams and Powell" —  in the name of the brief 
and below "Attorneys for Appellants."

On page i, delete the name "Price, et al." and add the names 
"McMurthy, Williams and Powell."

On page ii, lines 5 and 6, delete entire 2 lines.
On page ii, lines 24 and 25, delete the words "To be added."
On page ii, lines 30-33, delete the words beginning with 

"Norma V. Cantu" through "Fund, Inc."
On page ii, line 38, add the name "David Van Os."
On page ii, last line, delete the word "Plaintiffs" and add 

"Appellants McMurthy, Williams and Powell."
On page iii, line 1, add "McMurthy, Williams and Powell" after 

appellants.
On page iv, line 19, "Alternative" should be changed to 

"Alternatives."
On page iv, line 22, "Concentration" should be changed to 

"Concentrations."
On page v, lines 9-14, letters should be made all capitals.
On page v, line 21, add "Its" after "Violation of."
On page v, line 23, delete "and" and substitute "or."
On page v, lines 18-24, letters should be made all capitals.
On page vi, line 8, delete "July 7, 1989" and add "October 6, 

1989, cert. granted. 58 U.S.L.W. 3614, March 16, 1990."
On page 1, delete "Price, et al." and substitute "McMurthy, 

Williams and Powell."
On page 1, second last line, delete the words "of appeals" 

which were repeated.

1



On page 3, line 6, "plaintiff" should be changed to 
"plaintiffs."

On page 4, line 15, after "East Austin.'" add U. S. v Texas 
Education Agency.

On page 7, end of line 17, add "See Exhibit P-3, Record 
Excerpts pp. RE-83-84."

On page 7, end of line 21, add "Id."
On page 8, in Chart A, change "B" to "B%"; change "M-A" to "M- 

A%" and "Combined Minority" to "Combined Minority%."
On page 8, in Chart A, the schools "Allison" and "Winn" should 

be changed as follows:

On page 2, line 2 of paragraph 5, delete "the" at end of line.

"Allison 634 11 84 96 95
Winn 610 78 12 90 90"

On_ ii page 8, end of second last paragraph, add "Ex. P-3, at RE-

On page 8, last line, add "Id."
On page 9, line 5, add "Id." at end of line.
On page 9, line 9 r add "Id." at end of line.
On page 9, line 16 , change "was" to "were."
On page 10, end of line 4, add "Court Exhibit 10, at pp. 51,

69. "
On page 10, end of line 7, add "Court Exhibit 10, pp. 48, 49."
On page 10, line 12, after "29,816." add "RE-111."
On page 10, line 18, delete period after "Order" and add "at

RE-170."
On page 10, line 22, change "2101." to "2102." Add, "Rabin, 

at RE-111."
On page 10, last line, add "Id."
On page 11, end of line 4, add "RE-112."
On page 11, end of line 9, add "Also, RE-111."

2



On page 11, line 17, add "Id." at end of line.
On page 11, line 24, add "See RE-112." at end of line.
On page 12, line 12, delete words "was estimated to receive" 

and substitute "will achieve."

On page 11, line 12, after "City." add RE-111-113, 117-118."

On page 12, line 23, "p." should read "pp."
On page 12, line 26, "p." should read "pp."
On page 13, line 3, change "are" to "were."
On page 13, line 4, delete period after "Exhibit."
On page 13, line 17, change "Idenfiability" to 

"Identifiability."
On page 13, line 19 , change "(winn," to "(Winn,"
On page 13, line 23 , change "p." to "pp."
On page 14, line 5, after "Ortega" add ", however,"
On page 16 , line 9, delete "through" and change to "in

conjunction with."
On page 16, line 16, delete "busing."
On page 16, line 17, "othewise" should read "otherwise."
On page 16, line 23, delete "voluntary" and substitute 

"resulting."
On page 18, line 5, after "is" insert "also."
On page 18, line 7, after "of" insert "an."
On page 19, line 17, change "this Court" to read "that court."
On page 20, line 19, add "See. Record Excerpts, pp. RE-178- 

215." at end of line.
On page 20, line 23, delete "1979." Also delete "nature and." 
On page 20, line 24, delete "the."
On page 20, line 25, delete the words "had" and "its."

3



On page 20, line 26. Add "Record Excerpts, pp. RE-174-175, 
178-181, 185-192, 199-206, 207-211."

On page 21, line 7, delete the words "as of 1979."
On page 21, 4th line of caption under II., add "ITS" before 

the word "FURTHER." Also change "TO NOT" to read "NOT TO."
On page 21, last line of caption under II., delete "AND" and 

substitute "OR."
On page 21, first line, last paragraph, after "warned" add 

"each" and change "districts" to read "district."
On page 21, 5th last line, delete "they" and substitute "it".
On page 21, 4th last line, change "have" to read "has."
On page 22, line 9, after "by" insert the words, "neutralizing 

such vestiges with busing or by."
On page 22, line 10, delete the word "the" after the word 

"perpetuating," also delete the word "school" and the delete the 
word "own."

On page 22, line 20, add "Court Exhibit 13, Small, p. 41" at 
end of the line.

On page 23, line 10, delete "the validity of."
On page 23, line 11, add at end of line the words "See, Court 

Exhibit 13, Small, at p. 41."
On page 24, line 6, delete the word "school."
On page 24, line 7, delete the word "unlawful."
On page 24, line 8, change citation of "Dowell" to read 

"Dowell v. Bd. of Educ. of the Okla. City Public Schools."
On page 24, line 9, delete "July 7" and substitute "October 

6," and add at end of "88-1067" the words "cert, granted. 58 
U.S.L.W. 3614, March 16, 1990."

On page 26, third paragraph, change "must" to read "can."
On page 27, line 10, add "See. Brief, supra, pp. 14-15, 20."
On page 27, line 13, after "The" add "AISD."
On page 27, line 17, after "the" add "above and."

4



On page 28, first line after the word "above" insert "the 
judgment below should be reversed and the Court should issue an 
order declaring that."

On page 28, second line, delete "declared"; also, delete the 
word "hereby"; after the word "enjoined" delete period and add 
"from further operation."

On page 28, under "Attorneys for Appellants" delete "Price, 
et al." and substitute "McMurthy, Williams and Powell."

Additional Corrections
On page 3, line 10, change "1988" to "1989."
On page 3, line 11, change "1988" to "1989."
On page 3, line 18, change "AISDS i S" to "AISD'S."
On 
142 .

pageii 15, line 11, delete "Vol. I, p. 108" and

On page 15, line 21, change "bear" to' "bears."
On page 16, line 3, change "show" to "shows."
On page 25, line 1, change "tha" to "that."
On page 26, line 4 of second indented paragraph, delete hyphen 

from word "counteract."
On page 27, line 14, change "de jure" to "de jure."

Attorney for Appellants
McMurthy, Williams and Powell

5



MEMORANDUM

TO: Julius Chambers
/Charles S. Ralston 
Norman Chachkin 
Dennis Parker

FROM: Napoleon B. Williams, Jr. / / $ '  Ik  W

RE: Austin School Case —  Price v. AISD

Attached is a copy of the brief recently filed in the Fifth 
Circuit on behalf of Appellants McMurthy, Williams and Powell.

NBW:deh 
Attachment