Letter RE: Submission of Transcript for Inclusion as Exhibit for Petition

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DELL, SHANTZ, BOOKER A N D  S C H U LTE

A T T O R N E Y S  A T  L A W

2 2 2 -2 2 4  W a s h i n g t o n  S q u a r e  B l d o .
ROYAL OAK, MICHIGAN 40007

H A R R Y  N. D E L L  
J O H N  F. S H A N T Z  
J A M E S  H. B O O K E R  
E O W A R O  J .  S C H U L T E

P A U L  J.  L A Y

July 12, 1972
United States Court of Appeals 
6th Circuit
U.S. Post Office and Courthouse 
Cincinnati, Ohio

Re: Petition of West Bloomfield School
District and Clarenceville School 
District for Writ of Prohibition 
and Mandamus - U.S. Court of 

______Appeals Docket No. 72-1670
To the Honorable Judges of said Court:

Enclosed you will find four (4) copies of a 
transcript of the proceedings of July 10, 1972 before the 
Honorable Stephen J. Roth with respect to Bradley et al 
vs. Milliken et al, United States District Court No. 35257.

We request this transcript be added as Exhibit L 
to the Petition for Writ of Prohibition and Mandamus hereto­
fore filed by West Bloomfield School District and Clarenceville 
School District on July 1, 1972. We regret that some portions 
of the xerox transcript have something less than good legibility.

We specifically invite the Appellate Court's attention 
to the following pages of the transcript. Underscoring therein 
has been supplied. >

Page 1873 
Pages 1886-1887 
Pages 1889-1900

May we draw the Court's attention particularly to the 
reference of the Trial Court to Brown vs. Board of Education,
347 U.S. 483, decided in 1954 and commonly called Brown I. The 
Trial Court predicates the whole of the propriety of the "metro­
politan plan" squarely —  and solely —  upon Brown T. The 
Trial Court concludes that the language used in Brown in



United States Court of Appeals 
July 12, 1972 
Page Two

1954, decided that the Trial Court
"can do anything in order to 

achieve the job including dealing 
with school districts" (Reference, 
pages 1899 and 1900 of transcript 
of July 10, 1972)

We submit that neither Brown I nor Brown II con­
tains language to justify the attempt of the Trial Court to 
"[deal] with school districts" or impose its orders on non­
party school districts without jurisdiction, process, notice 
or hearing on the merits.

The Court will recognize that the transcript of these 
proceedings involving the purchase of 295 busses at a cost of 
possibly three million dollars, with the State Treasurer hurriedly 
added as a party defendant for the purpose of signing the check, 
underscores the necessity of prompt and affirmative action by 
the Appellate Court on the Petition for Writ of Prohibition and 
Mandamus heretofore filed by West Bloomfield School District 
and Clarenceville School District in this cause.

It is respectfully requested that this Petition for 
Writ of Prohibition and Mandamus be considered for emergency 
hearing. We request the opportunity to present oral argument 
to this Court at the earliest possible date and that the Writ 
and relief prayed for in said Petition be granted forthwith.

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A copy of the transcript, Exhibit L, and this letter 
is being sent to the Honorable Stephen J. Roth and all counsel 
of record by separate cover upon completion of reproduction of 
sufficient copies. A Proof of Service will follow.

Respectfully submitted,

JFS/ad
Enclosures

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