Motion of Defendants-Appellants for Supplemental Briefing Schedule

     [||24304c45-a0bd-4daa-8c99-6a04fe6fa590||] DErawTMENT OF JUSTICE 

Office of the Attorney General 

  

an JACKSON, MISSISSIPPI 39205 

ALF Sua vER PETER M. STOCKETT 

ATTORNEY GEXERAT SPECIAL ASSISTANT ATTORNEY GENERAL 

October 22, 1876 

Mr. Edward W. Wadsworth 

United States Court of Appeals 
for the Pifth Circuit 

600 Camp Street 
New Orleans, Louisiana 70130 

RE: Delores Norwood, et al 

Vv. : No. 76-1865 
D. LL. Harrison, Sr., st al 

Dear Mr. Wadsworth: 

Enclosed is an original and three copies of our 
Motion of Defendants-Appellants for Supplemental Briefing 
Schedule in the above referenced matter. 

With very best wishes, 

Yours very truly, 

A 0 Vo PH 
Peter M. Stocketd, “Jr. 
Special Assistant Attorney General 

PMSjr/cb 

Enclosures 

Baal SAR leas Sian rR SEF Toh 
  

 



  

  

IN THE 

UNITED STATES COURT OF APPEALS 

FOR THE PIFTH CIRCUIT 

  

No. 76-1355 

  

DELORES NORWOOD, ET AL., 

Plaintiffs-Appellees 

D. L. HARRISON, SR., ET AL 

Defendants—-Appellants 

  

On Appeal from the United States District Court 
for the Northern District of Mississippi 

  

MOTION OF DEFENDANTS-APPELLANTS FOR SUPPLEMENTAL 

BRIEFING SCHEDULE 

  

COME NOW defendants-appellants, by their attorney, 

and move this Court for the establishment of a supplemental 

briefing schedule in this cause and for reason state; 

l. By letter dated October 6, 1976, counsel for 

plaintiffs-appellees called the attention of the Court to 

 



RE THI, 

  

the fact Congress had passed S.2278, the Civil Rights Attorneys’ 

Fees Awards Act of 1976, contending that this legislation, 

if signed by the president, would be dispositive of this 

appeal. Counsel for defendants-appellants is informed that 

the President signed this legislation into law on October 19, 

1976. | 

Counsel for defedants-appellants is making an effort 

to obtain a copy of the Public Law which embodies this legis- 

lation, along with the relevant legislative history, including 

all committee reports and floor debates in the Seante and 

in the House of Representatives. 

It is necessary that counsel for defedants-appellants 

have a reasonable time to familiarize himself with this relevant 

material. Said counsel definitely and specifically requests 

the right to brief the issues presented by this new legislation 

and its relevant legislative history. Defendants-appellants 

do not concede that enactment of this legislation justifies 

the granting of summary affirmance, as requested by plaintiff- 

appellees. We submit that elemental due process requires 

that we be given the opportunity to present our position on 

these new developments to the Court. 

2. The Court has granted the Motion of plaintiffs- 

appellees to supplement the record on appeal so as to include 

the deposition of M. A. Snowden and all exhibits thereto taken 

4 

 



  

on June 28, 1971. This Order was entered on October 18, 1976. 

Counsel for defendants-appellants has been unable to find 

a copy of this deposition in the files in the office of the 

Attorney General of Mississippi. Counsel for plaintiffs- 

appellees, Melvyn R. Leventhal, Esquire, has stated that he 

will furnish counsel for defendants—-appellants this deposition, 

including exhibits, for copying. 

Defendants—-appellants submit that elemental due 

process requires they be afforded the right to examine this 

new exhibit, which this Court has ordered admitted into the 

record. Defendants-appellants also desire the right, after 

examination of the Snowden deposition and its exhibits, to 

submit to the Court a supplemental brief setting forth our 

views and positions as to the facts shown by the newly admitted 

evidence. 

WHEREFORE, defendants-appellants move this Court for 

an order establishing a supplemental briefing schedule on 

the issues above mentioned. 

Respectfully submitted, 

A. F. SUMMER, ATTORNEY GENERAL 

STATE OF MISSISSIPPY 

PETER M. STOCRETT, JR. 

SPECIAL ASSISTANT ATTORNEY GENERAL 

BY: 
  

PETER M. STOCKETT,) JR. 

 



  

CERTIFICATE   

The undersigned counsel of record for the defendants 

hereby certifies that a true and correct copy of the fore- 

going Motion for Supplemental Briefing Schedule has been 

mailed, postage prepaid through the United States Mail, 

to the following: 

Melvyn R. Leventhal, Esquire 
Suite 2030, 10 Columbus Circle 
New York, New York 10019 

THIS the 22nd day of October, 1976. 

Cr Ca 
  

PETER M. STOCKETT,) JR. [||24304c45-a0bd-4daa-8c99-6a04fe6fa590||]