UNITED STATES OF AMERICA

NATIONAL EDUCATION ASSOC~

vs

MACON COUNTY BOARD OF EDUCATION, et al

Intervenor

Intervenor

Defendants

Civil Action No. 604-E Middle District of Alabama

.......__ sy\tems in which terminal orders have been entered ~ - _ transferred to this district for supervision Basis of action:

see list of school systems on JuT7J trial c~imed by pages following

, 19

see l~st .

For Defendant:

see list

PLAINTIFF'S ACCOUNT RECEIVED DISBURSED DATE DEFENDANT'S ACCOUNT RECEIVED

Ck.Gray ,Seay & 1 9 7 Jan.29 Cash-Limestone Coun y - ~ ;

Board of Education - --_., Receipt 197928

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PISB~tltaED

t. . i Langford

Receipt /11227 Notice of Appeal Ck.Oray ;>eay &

5 00 Feb.2

Notice of Appeal Cr 100869 .

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5 00 ~- ::_: ~ i _.. __ ._-::s . oo Langford

Receipt, #l228 Appeal 'ond Pd. Registr.r

mt.Ada.m..,, B~"r & CJ:e!Mn -, Not . of.' App~a.I r- __)

Re~eipt #1259 Cr. 100869

250 00 250 00

Aug.

Costs bond Pd. Registry

DATE 1970 Apr 15

May 4

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Certified copy of court order transferring to this Court the individual court files on three school systems geographically located in the Northern District, with copy of the docket entries, and a fileJcon-taining some orders, commencing with the order of March 22, 1967, and pleadings relating to all school systems in the case or involvin~ several of them, and the individual files of the three achool syste named in the transfer order, received-~rder dated April 9, 1970 -Richard T. Rives, U. S. Circuit Judge, H. H. Gr~ and Frank Bohnso

~r., U. s. District Judges) Petition of St. Clair ~~_?.!l~ ~~___!~~ducation for Court to .odify the

desegre&ation plan-heretofore approved on February 13, 1970 filed -copies aerved by counsel

Response of plaintiffs to petition to modify filed by St. Clair ~oun~ ~d of ~cati~n filed - copies served by counsel

Oa 'Bearin& before the Bon; ~ H. B. Groo.a oa petitioa of St. C~~~~ C~~-~ ..1.2!~~~- ~ctu.~!l .~-~o}l to .adify tlae plaa heretofore approved with reapict to the Coal City School and the Cooaa Valley !le.eatary Sc~ol -atate.ent of couaael - order to ~e eatered - .

Order oa petition to .odify taat follovin& the statemeat of couasel with respect to the .. tter the Court will irect that tlae petitioner withi sevea daya fro. the date of this order file with the Court a .. p sllqv-in& the proposed zonea for the two tcboolt with a description of th~ zone liae1 related to aectioa liaes, roa4s, ltrea.a, aad the like, ~ad that petitioner will alao file a projectioa of earoll.eat atthe ~ tchoola ua4er the proposed aoaia& slaovia& the race of the ttudeats ~bat will ~e enrolled at each of the schools if the petitio i1 created; I petitioner to alao file a projection to the earollmeat ia each s~hool ia the Pell City_ .. ~.r~a with the capacity of each tcbool; auch projectioa to show tlae projected enrollmeat if the plaa re.aina aa presently f1r.u-lated, aad the projected earoll.eat if the petitioa is created; aad couasel for the plaiatiffs and the Governaent will ~e furaiahed wit copies of the _.P and projections, and if either baa o~jection1 to be proposed plan or wishes to kave a bearin& thereon lae ahall .. ke the fact kaowa ~y appropriate pleadiaas ia the cause, vitlaia tea day t ere-after, filed and entered (Groo.a) - copiea .. iled attoraey1 an U. Attoraey

Mllp of ~al_C_!_t;Y._~--~C?Ol __ ~ne_ Linej JSt. Clair) filed Plaintiffs objections to enrollment & staff projections under the petitio

to modify proposed by the St, Clair Count~ Boar~ of Education, file copies served by counsel

Certified copy of order of the three-judge panel, Richard T. Rives, u. s. Circuit Judge, B. H. Grooms, U. s. District Judge and Frank .Johnson, .Jr., U.S. District Judge,transferring to.the Northern District of Alaba the files in this case relating to echool aystems in Calhoun Coun~ Pickens County, Sumter County, C_it1 of Florence and ~of'oxford , ~8-wrtb'a copy ortiledocket enfiiel8i"iice March 31, 1976, fi~ -(court filed received under se.parate cover) (exhibits dated May 8, received June 24, 1970)

Certified copy of order of C~urt of Appeals dismissing the appeal in con ection with the Shelbi Coun~ School Szstem (Bell, ' Ain.worth and Godbold, Citcui Judges) filed -- - ~ ,( -

Notice of appeal of plaintiff-Intervenor ana Amicus Curiae from Order en ered June 12, 1970 in the Middle District of Alabama, No. 604-E, as it related to the Calhoun County School System and the ~!tY of Oxford,_ Alabama- filed -~ - certified copy mail to Clerk, U. S. Court of Appeala, Nev Orleans, La. and to attorneys -

Continued to page 2 ,.,____. ...... -eo-on

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D . o . llOA Rev. CivU Docket Oont!nuatlon

DATE

Apr. 1

1

PROCEEDINGS Date Ol

Judgmen

Copies of orders dated March 22, 1967; May 3, 1968; July 15, 1968; August 28, 1966; August 8, 1969; and March 31, 196~rtransferrin~ cases in which terminal orders had been entered (42) together with docket entries, received.

Forty-two files received as follows:

County SysteMs

Bibb Blount Cherokee Clay Cleburne Colbert Cullman DeKalb Etowah Fayette Franklin Greene Jackson Lamar Lauderdale Marion Marshall Morf;an St.Clair Tuscaloosa Walker Winston

City Systems

Athens Attalla Carbon Hill Cullman Decatur Ft.Payne Guntersville Jacksonville Jasper Mountain Brook Muscle Shoals City

Oneonta Piedmont Russellville Scottsboro Sheffield Sylacauga Tarrant City Tuscumbia-Winfield York (added by amendment at hearing 7/1~/70 1

Apr. 10 Three files together with copy of order entered Apr. 9, 1970, received

Shelby Talladega

Talladega

Apr. 14 File returned to USDC Montgomery to certify appeal record

Shelby . Jun. 19 Five filea together with copy of order entered June 19, 1970, received

Calhoun County Picken County SUIIlter County Florence City Oxford City

July 16 File on Limestone County together with copy of order entered July 14 1970, transferring received.

'l ?._ U. .L' ...,, .I .I .:O.L' T . U. .I , T:"...:l .I A .I ......... ""'"' ~ ~ ..... ~v~ ... "' ~ - -- J '"""v---- ~~--- -- ''""'""' v"' -----

t&m~9P&Py reatraiRing order and preliffiiRary injunction aga1Ret Bi~~ Cg~~~y ~ys~em eRjeiR~Rg ~1o~~ss1Re ~R~ ~emetiRg ~l~gk pPiR91 als

t~Hi:9R&Pi', &tc., filed~ te~eti':eiitl affld lt

D . o . llOA Rev. Civil Docket Continuation SOUTHERN DIVIS ION CA 70-251 12 DATE

1970 PBOCEEDINGS Dat e

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Order granting the petition of the St. Clair County_l9~~_Edu~at!on to modify its plan of desegregation in as far as the same relates to the Coosa Y~J)~Y-~-~~o], and said plan is hereby modified in accordance with the modified plan, projections and zoning map lodges with the Court as the same pertain to said school, and directing that a hearing be had on July 8, 1970 at 9:30a.m. on the objections of the plaintiffs as to the Coal Citz and ~c:Iler_11_o~.n~a;.n_sc_~ol.s filed and entered (Grooms) - copies iled attorneys

Response of plaintiffs to order of the court on motion to modify plan of the St. C!_~!I.~-~;y _S~hoQL)!_o_a.!,~, filed July 1, 1970, filed - copies served by ' counsel

Transcript of proceedings before Bon. Richard T. Rives, U. S. Circuit Judge and Hon. H. H. Groo~ and Bon. Frank M. Johnson, Jr., U. S. District Judges at Montgomery, Alabama, on May 8, 1970, filed (2 copies received)

Order on further hearing on defendant's petition to modify the plan of the St. Clair County School Boa~d upon the objections of the plaintiffs filed

herein. on June ll~ -- 1'970, --that~ the petition of the St. Clair County Board of EdUcation to modify ita plan of desegregation is granted insofar as the same relates to the Coal City School, and said plan is hereby modified in accordance with tbeuiOa"ii:i.ecl-pial~;projections and zoning IDIIP lodge with the Court as the same pertain to the said schoel, and overruling the objecti s to the continued operation of said school; this order being subject to the provisions of the order of the Three-Judge Court which was entered pursuant to faculty desegregation provisions incorporated in the Singleton case from the Fifth Circuit; such provisions of the decree being applicable to the Coal City, Chandler Mountain and other schools in the St. Cl.J..!r......C.oAmU ~QO ~.tem:. ut"i(f'8n(fentere-d {Grooma) - copies mailed attorneys

Petition by John A. Lile, Robert C. Street, K8rl Hough, Alvis G. Briscoe and Francis A. Collier, as members of the Morgan County Board of Education, for modification of the order in thiiciuseof"'Febr\iary--1'?;1970;-arid- for further instructions by thia court filed - copies served by counsel

Motion of Rev. F. N. Nixon, Robert Cook, Jr., Lula Crawford, et al, citizens of York, Alabama for leave to intervene as Plaintiffs i~this action filed -7/13/70 Motion granted (Grooms) ,~ ~v; t.e.."' c,-.- 6,j'il

Motion of F. N. Nixon, et al, for order aaking the pity of J~t~,rAfabama defendan herein filed - 7/13/70 Granted, subject to exceptions duly made (Groo~)

Motion of plaintiffs for temporary restraining order and preliadnary injunction against the _Sumter County Boatd of Education filed

Record on appeal relating to !.!E.~~-Cp~~.Y -~-che>o.!J.I~-~~ and the .Qit_y oL OxfQr..!i ....... Alabama, Ued to Clerk, U. S. Court of Appeala, New Orleans, La. -copies of letter of transmittal .-iled to attorneys

On hearing befor the Hon. H. H. Grooms on petition of Morga~ ~pnty Board o!. Ed11cation to modify the desegregation plan heretofore approved as it applies

to~t_M~rgan School - petitioner's opening statements - respondent' oral answer ~-rntroduction of petitioner's testimony - taken under advisemen

Petition on behalf of the Tuscaloosa County Board of Education for hearing on request for the continued operat1oii-of-ihe-Duncanvii~--school, filed July copies served by couneel t--r, ,v_ ( .f./:,;

On hearing before the Hon. H. H. Groo~ on plaintiffs' motion for te.poraty restraining order and preliainary injanction restraining the Board of Edyp@t.fo~of Sumte!_ __

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DATE 1970 July 13

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PBOCEIIDINOS Da~ Onle "JUdgment 1

Clerk's COurt Minutes that this case {a taken under adVisement; written jUdgment to be entered ~..I~n___0,unn.) filed and entered

Clerk's Court Minutes that this case is taken under advisement; written judg.en to be entered~~~t-C2~~l) filed and entered

Copy of Order of the U. S. Court of Appeals (from Appeals in U. S. District Cou t for the Middle District of Alabama) granting appellants' .otion to dismiss their appeal against appellee,dShe~~~~_!1_E~~~1 System only, filed (Before Bell, Ainavorth and Go bold, Circuit Judges)

Order on petition by John A. Lile and others for instructions (Horgan Coun-tr _js_~s>.L~.I.~~-em.). approving the Board 'a plan, the Court being of the opinion

that the situation her~involved is exceptional, except that the Board shall continue the integrated faculty rather than all-white faculty, filed and entered (Grooms) - copies mailed attorneys

Findings on motion of plaintiffs for temporary restraining order and for preliudnary injunction to prevent the selling of certain school buses and the lusing of the former~~ll~ool. by the~_!!.L..Sf.Q.\1P..UJ.9n!LU J!.~ca~.!~.~ of the Hoa. H. B. Grooma filed and entered - copies Ued attorneys

Order, pursuant to the Findings filed herewith, overruling plaintiffs' .otions for temporary restraining order and for prelimi.ary injunction, without prejudice, filed and entered (Gro~) - copies ~iled attorneys

Report of the Talla~_E;!a .. ~Jt_.y_.~~~_l~, in compliance with one of the provisions c f the court order of January 23, 1970, regarding projected racial composition of the schools to be operated by the Tallades~_ Citi Board of Education for the school year 1970-71, filed - copies served by counsel

Order directing that the petition of the Tuscaloosa Count.YJoard_9_f_g~-~c;-..tiPn to continue the operation of the Duncanville-E~e~~t~-nr~_cJ~-~oJ. for the year 1970-71 be set for heating on Monday-;J""Uiy. 2o; 1970, at 1:30 p.m. filed and entered (Groomsl - copies mailed attorneys

Motion of Plaintiff-Intervenor, National Education Association for temporary restrainin~ order and preliminary injunction against

.. ~.ibb C~~ll~.Y2Y_~~el'!! en.1oining dismissin~ and demoting black principals, teachers, etc., filed to~ether with affidavit and memorandum of points.

Motion of Plaintiff-Intervenor, National Education Assn. for temporary restraining order and preliminary injuction against .Shel~~ Count~_Syste~njoining dismissing and demoting black principals, teachers, etc., filed together with affidavit and memorandum

On Rearing before the Hon. H. B. Grooms on July 20, 1970, on petition of TUSCALOO~A ~Rp....Q;E.JPJ!.,~l'JQ~. to modify its integration plan as it applies to the Dupcanyille Schg...Q.l - defendants' opening statements - introduction of plaint ffs' testimony - inteodtiction of defendants' testimony - continued to 1:30 P.M., July 22, 1970, at which time defendants to furnish the Court with projected enrollment figures and zoning maps -

Report of the SUMI'ER UNTY BO~~Q!.. ~u~,:rt.QN, pursuant to the desegregation of . faculty and other staff provisions of the final judgment heretofore entered

in this cause on June 11, 1970, with regard to the disadasal or demotion of personnel in connection with ita conversion to a unitary system, with exhibit attached, filed - copies served by counsel of the 4;ard of Ed~~on of Tu ~~

Order, dated July 22, 1970, granting the petition/to modi~ the school plan for TusCALOOSA ro.~ subject to all of the provisions of the Singleton order aa in the other schools of Tuscaloosa County, filed and entered (Grooms) -copies mailed attorneys

D . c. llOA Rev. Clvll Docket Oontinuatton SOUTHERN DIVISION CA 70-251 #3 DATE Date

PROCEEDINGS Judgm

1970 --~~-7i~n~r~e~B~fb~b~C~o~~~E-~t~v~Sc~~~2~2~l~~Y~~~t_~eiD~-~~- ~~~~~--~~~--~~----~~~-~--J~lY2 7 order/amending the order filed in the Middle District of Alabama Eastern Divisio~

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in this cause on February 11, 1970 as follows: 1 The Randolph Community School, known as the Allen P. Howison School at Randolph, Alabama, and the Six Mile School at Six Mile, Alabama, shall be re6pened for the school yea~ 1970-71; II The Bibb Countz.B~ of Educati~shall to the extent necessary to carry out this order assign faculty, staff, money and equipment necessary to properly staff, support and operate these schools during the school year 1970-71; III Further Ordering that the Bibb County Board of Education, its agents, etc. shall carry out this order, filed and entered - copies mailed attorneys

Emergency motion of plaintiff-intervenor and amicus curiae, United States of America for further relief (re Colbert County School Sys1~)filed - copies served by counsel 8/"' 170 l-X>ot-Poar -- h;.s fi 'rc7a-cc.m-' n.a nce resoluti.on o,..., 8 6/7 .-

Report of the projected racial composition of the student body, faculty, and staff in each school operated in the TUSCUMBIA SCHOOL SYSTEM for the 1970-71 school year filed - Ck/-< a.c, '-/ .. . - -

Report of the projected racial composition of the student body, faculty, and staff in each school in the COLBERT COUNTY SCHOOLS for the 1970-71 school year filed -eopie served by Superin~dent ';[['d~~ation v~ r/. . ,--. '

Report of the projected racial composition of student body, faculty, and staff in each school in the Ci t:;cpf o,x,ferd Syst~m to be operated for the 1970-71 school year filed - copies served by counsel

Motion and Notice by the Parents, Patrons and Citizens of the Six Mile Commu~ and R.

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PB.OOEJ!:DINGB o.w Ordt

Judgment

Report of the projected racial composition of student body, faculty, and ataif in each school to be operated for the 1970-71 school year in the Colbert County School Syatem, which report superaedea the report .ailed on July 27, 1970, with copy of a reaolution adopted by the Colbert County Board of Education on Ausust 1, 1970 attached filed- copies aerved by counsel~ ct

Certified copy of judgment of the U. S. Court of Appeals, Fifth Circuit,iasued as and for the mandate, affirwdng the judg.ent of the U. S. Diatrict Court for the Middle District of Alabama in connection with the Citz of App~stop_ and City of Tuscaloosa achool cases, and further ordering that the plaintif a-appellants ana' -pl.aindff-intervenor-appellant pay to defendants-appellees, the costs on appeal to be taxed by the Clerk of the U. S. Court of Appeals; with copy -of the Opinion attached, filed (court files returned) c-

n . c. UOA Rev. ClvU Docket Continuation SOurHERN DIVISION CA 70-251 #4

DATE

1970 r Sept. 8

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PBOCEEDIN08

continued -the United States Marshal affix a copy of this order to the front of the Munford School, the Winterboro School, ~nd the Talladega eounty High School and further ordering~t the U. S. Marshal serve a copy of this Order on each of the persons designated in the Order to Show Cause of September 3, 1970, filed in open court and entered (Grooms) - nine certified copies del. to U. S. Marshal for a ervice on the named individuals in instant order

On Hearing before the Bon. H. H. Groom8 regarding Citi of Tuscaloosa School System on petition for temporary restraining oraer against aandamus

Date Judgm

issued in Circuit Court of Tusc~J~gsa ~~h Alabama (Case No. 2683) - i submitted on verified petition/!ttedaina&pen ~gurt - emporary restraining order granted -

Order granting a temporary restraining order and ordering that Nancy Tate Williams, Bon. E. F. Hildreth and Bon. Henry H. Mize appear before this Court on September 14, 1970 at 9 A.M. and show cause, if any they have, why they should not be enjoined during the pendency of this action from further prosecuting or proceeding with that certain Bdndsmus proceeding now pending before the Circuit Court of Tuscaloosa County, Alabama; and further ordering that pending the hearing of this order to show cause, said parties are enjoined and restraining from further prosecuting said mandamus proceeding; and further ordering that Nancy Tate Williams shall, pending a hearing in this matter, teach in Thirty-Second Avenue Elementary

.s..h.221 in accordance with the a saignment otthe i'~caloosa- citl,'"8oaj aor ~~ EducaJ,!.o_n or suffer termination of her employment with said board; and further ordering that a copy of the petition herein be served on the named parties filed and entered (Grooms) - Service accepted by attorneys for Nancy T. Williams, Atty Wayne L. Williams - certified copies del. to U. S. Marshal for service on Hon. E. F. Hildreth and Bon. Henry H. Mize

Agreement of counael to Consent Order to be executed by the Court - filed (Cit% of ~-~~ ~o.n __ ~~-~o~l Sy!_~)

Order amending as lollows ibeplan of desegregation for the Ci~of Anniaton Public Schoo~tem entered in thia c ause on March lt, JO: i'h~ .. part of thenorth line . of the zone for the 12th Street Elementary School running between the L & N Railroad on the west and the Southern Railroad on the east is changes from 17th Street to 16th Street - other boundaries of said zones shall remain unchanged; Changing zone lines for Golden Springs Elementary School; That students living on a street that is a zone line between two schools may be permitted to attend either of the two schools subject to conditions listed in order; That students in ninth grade living in the Anniston High School attendance zone may attend Johnston Junior High School during the 1970-71 school year, provided that no properly executed request for majority to minority transfer will be refused insofar as grades seven through twelve are concerned - filed and entered (Allgood) - copies mailed attorneys

Return of u. s. Marshal showing service of temporary restraining order eKecuted on Henry L. Miae, TUscaloosa County Courthouse, Tuscaloosa, Alabama on September 9, 1970, and filed

Racial Composition of Student Body, Faculty, and Staff in each school operated for the 1970-71 school year (Tuscum.,!>,i~"t ~~5E.~~!...l~.temJ - filed

Report of the City of Anniston Scnool System - filed Return of U. S. Marshal ahowing service of order (Talladega) executed on Septemb~r ~

1970, on Hershel Baynes, Jerry Elder, Patsy Heard, Ethridge Smith, Mra. Jerr,y Elder, Janet P. Williams, Charles C. Killough, John H. Talley, Vincent Nagl~, and filed

(over)

DATE 1970

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PBOODDINOB

Order (Tuscaloosa C~~_t;.y_.x,st~_m.}that the Board of Education of Tu1calooaa County and all of ita officer, etc. ahall aot knowingly enroll any 1tudent or permit any atudent to receive academic credit in any achool other than the acbool to which the 1tudent il legally a1aigned or transferred under the te~ of the Tuacalooaa 1chool plan which was ordered to be implemented by the jud~ent rendered on !ebruary 4, 1970 and modified July 22, 1970; further ordering that the Tuscaloosa County Board of lducation, etc shall not allow the use of North port Elementary School for purposed relating to education except with prior express consent of the Board and such conaent shall not be granted so aa to impede or interfere with the iaplementation and intent of the orders of this Court and ordering the Board to take whatever action is nece1aary to remove al persona from the Northport Elementary School and lock the facility; forevarnin parents and other persona engaging in the above activitiea that abould they peraiat, each may be ordered to ahow cause why they should not be enjoined from interfering with the normal operation of the school syatem and that auch continued conduct may be aubject to the contempt power of thia Court - filed and entered (McFadden) - copies aailed attorneys

Notice of motion and motion for temporary restraining order and for preliminary and permanent injunctions, affidavit ia aupport of aotion, and aotion to produce of plaintiff-intervenor, National Education Association, Inc., (Talla-dega County~~ar~~f E~~f~~n) - filed - copiea aerved by counael

Motion of reapondent Nancy Tate Williams trusca_loos~~.!J..I.J-~_t:itJ?.U.~.Y.a1J..9..9J to dismiss restraining order and complaint, filed - copiea served by counael

Da~ Ord.l JUdgment

Findings and Opinion (Tuscaloosa City Sch?ol _S_y~t_e_m). of the Bon. H. B. Grooms -filed and entered :-coptel-malted attorneys and to Judge Henry H. Kize and Jud ~e E. P. Hildreth

Order pursuant to the Findings and Opinion that pending the further orders of thi Court the respondent Nancy Tate Williams and her attorney and those persona ac ing in concert or participation with her be enjoined from prosecuting Action No. 2683 now pending in the Circuit Court of Tuacalooaa County, Alabama; further ordering that pending further orders of thia Court the Bon. E. F. Hildreth, as Judge, ia enjoined from entering any order other than an order of continuance; no action ia taken with reapect to the prayer for injunction as to the Ron. He~ry H. Hlze - filed and entered (Gro~) - copies mailed attorneys and Judges Miae and Hildreth

Return of U. S. Marshal ahowing aervice of temporary restraining order executed en September 11, 1970, on Judge E. F. Hildreth, Eutaw, Alabama, and filed

Return of U. S. Karahal showing order placed on school house doora on September~. 1970, :Winterboro High School, Alpine, Alabama; Talladega County High School, Lincoln, Alabama; Mumford High School, Mumford, Alabama - filed

Notice of motion, motion to prOduce, and motion for Temporary Restraining Order and temporary and permanent injunction re demoting, diamiasing, etc, affidavit in 1upport of Temporary Restraining Order and Memorandum in aupport of motion for Temporary Restraining order~~~!~nA_County~~ho~~~ fil'd by inter~enpr, National Education Association - copies aerved by counsel "';: t-.../' "' 1 ' .;,_. 1 ' f.. =

Petition for Court approval of zone line changea (City of Tuscaloosa School Syste~) -filed - copies served by counael --

Petition for Court' approval with regard to granting permiasion to the West End Christian School for the u1e of the closed West End Elementary School (Tuscaloosa QitX Sch~l ~X!tem}..- filed - copies served by counsel

Order 'ILii,aloosa Ci.t~~

D. c. llOA Rev. Clvll Docket Contlnuatton SOUTHERN DIVISION CA 70-251 15 DATE PB.OOKI!:Dmos De.t Judg: 1970

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Order (Shelby Cp~~~~.~~9~1-I!l~m) that not later than October 16, 1970, the Shelby County Board of Education shall file with the Court and serve upon the parties a report as indicated in this order; further continuing all pending motions until the filing of the above report after which a prompt hearing will be held - filed and entered (Lynne) - copies mailed attorneys

Report of the ~itx of Annis tQXL.S..k.b..QQl Sjt.H.em filed Affidavit of Hollis B. Hendon (Tyscaloosa City Sch~l Sys~~) - filed Order (City of Tusca] .~9-~!I...J1_c:~12.J:P.t!_.!.!2};hat the closed West End Elementary Scho 1

facility, owned by the Tuscaloosa City Board of Ecucation, may be used as a school facility by the West End Christian School, which use shall terminate on or before October 15, 1970; all matters concerning the use of the West End Elementary School facility after October 15, 1970, including all matters con-cerning the sale of such facility, are reserved for further consideration by the Court - filed and entered (Grooms) - copies mailed attorneys

Report of Talla!kg~ .. ~.OJ!!)J..L.,S..cJ:tQ..Ql.h.&..te.!!l. filed Report of ~heffield_Cit~J&~oo~~~ filed Motion of the United States of America !Bibb Count~ S~agl Sxat~~_to withdraw

prior motion to alter and amend order entered July 27, 1970, filed- copies served by counsel

Final Decree (Tusca!o~s~~~~h~~~- ~~tem) ordering that the temporary injunct on issued herein on September 14, 1970, is made permanent; that said Nancy Tate Williams and her attorneys and those persons acting in concert or participati n with her be permanently enjoined from prosecuting Action No. 2683, now pendin in the Circuit Court of Tuscaloosa County, Alabama, and the Honorable E. F. Hildreth, as Judge, is enjoined from entering any order in said cause other than an order of dismissal; further directing that the contract of employment of Nancy Tate Williams be terminated unless abe accepts a transfer to the Thirty-Second Avenue Elementary School; and taxing no costa herein - filed an entered (Grooms) - copies mailed attorneys

DATE 1970 Nov. 12

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PROCEEDINGS

Notice that plaintiff-Intervenor United Statea of America, will take the depo-aition of R. Jack Morgan, Superintendent, Tarrant City Board of Education, at 9 a.m. on December 7, 1970, at the office of the Superintendent filed -copies aerved by counael

Motion of United States of America, plaintiff-intervenor and Amicus Curiae, for supplements 1 relief filed - copies aerved by counsel 1- F. 7 t..- .r./ d y u y

Request by United States of America, plaintiff-intervenor and Aadcua Curiae, / for production of documents by the IIIxant~ity Board of Education and Superintendent Jack Morgan, filed - eopiea aerved by counael

Motion of plaintiff-intervenor and amicus curiae, United States of America, for supplemental relief, with Notice, filed ~ega~c1tllgs JtllJd'e..&.aGpp~i

Schop~~~ - copies served by counsel On hearing before the Hon. H. H. Grooms on December 1, 1970, on motion for

temporary restraining order by plaintiffs and plaintiff- intervenor, United States of America in the ~tter of the Talladega County Board of Education opening atatements of counsel - introduction of plaintiff-intervenor, Unite States of America - daily adjournment - continued to December 2, 1970, at 9:00 a.m. -

Trial resumed - motion to dismiss plaintiff's motion for supplemental relief filed by defendant - overruled - testimony of plaintiff-intervenor, U.S.A. continued - plaintiffaintervenor rests - defendant rests - oral order of th~ Court to U.S.A. plaintiff-intervenor to submit memorandum stating their contentions within ten days to the Court and defendant will have ten days thereafter to file an answer - hearing concluded

Clerk's Court Minutes that United States of America, Intervenor, submit memorand~ stating their contentions, to the Court within ten days and serve a copy on the defendant and the defendant will have ten days to file an answer filed and entered

Motion of United States of America, plaintiff-intervenor and amicus curiae, for supplemental relief respecting the Limestone Coumty School System, with Notice thereon of setting on Wednesday, December 9, 1970, at 11 a.m. before Judge C. w. Allgood, filed - copies served by counsel

On Hearing before the Hon. Sam C. Pointer, Jr. on motion of National Education Association, plaintiff-intervenor, to produce, and temporary restraining order; and motion of U. S. A., plaintiff-intervenor for supplemental

, ... ..

relief, in the ~tter of the Limestone County School System - oral discussion by the parties and the Court pertaining to the issues to be heard - Order to Limestone County School System to respond to National Education Associatior's request (motion to produce) within ten days entered - introduction of U.S .J.., plaintiff-intervenor's testimony - U.S.A., plaintiff-intervenor rests - no defendants's testimony offered - oral questions to the attorneys by the Co~rt -statements by U.S.A., plaintiff-intervenor - Order for U.S.A., plaintiff-i~tervenor to submit brief to the Court within seven days and defendant to suburlt answer by December 21, 1970 - case taken under advisement

Clerk's Court Minuted that United States of America, plaintiff-intervenor, submit brief to the Court within 7 days and defendant submit answer by December 2 , 1970, and that this case be taken under advisement filed and entered

Reportaf the Shelby County School System received {del. direct to Judge's offic~ September 28, 1970)

Report of Pic~ens County School System received (del. direct to Judge's Office September 28, 1970)

Report of Bibb County School System received (del. to direct :to Judge's office October 1', l970)

Continued to next page

D . 0 . llOA Rev. Civil Docket Continuation SOUTHERN DIVISION CA 70-251

DATE

I 1970 Dec,--g-11 11

" 11

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1971 Jan. 4

PBOCEEDINGS

Petition of the County BOard of Education of C8lhoun COuntx f~r cpnsent to _ proceed with construction as proposed filed - ,~ 1.. . .... : '

Deposition of MI. R. Jack Morgan, taken on behalf of the Department of Justice, at the Tarrant City Board of Education Offi~ filed (rolled map filed with deposition placed on top of file cabinets)

D&t e c Judgmel

Order, upon all pending motions regarding the Talladega County School System, and in view of testimony taken with respect to the motion of the United States for supplemental relief, a separate order will be entered thereon,

1 and including the motion of plaintiffs and plaintiff-intervenor NEA, Inc1 for temporary restraining order and for preliminary and pe~nent injunction; and overruling the motion of defendant Board to dismiss the last named motion; and granting the motion of plaintiff-intervenor NEA, Inc. to produce to the extent indicated, and overruling otherwise, filed and entered (Grooms) - copies mailed attorneys

Order, upon all pending motions regarding the Sumter County School System, granting the motion of plaintiff-intervenor NEA, Inc. to produce to the extent that said plaintiff-intervenor will be given access to such records or material for two years back, such access to be given by defendant Board within ten days, and overruling said motion otherwise filed and entered (Grooms) - copies mailed attorneys

Memorandum of the United States of contentions regarding the Talladega County School System filed - copies served by counsel

Memorandum of the United States regarding hearing held on December 9, 1970 con-cerning the Limestone County School System filed - copies served by counsel

Memorandum of the Limestone County Board of Education filed - copies served by counsel

Motion of plaintiff-intervenor, United States of America, for supplemental relief, Shelby County Board of Education - filed - copies served by counsel

Order fa_l_J:!.oun_~~~l!t_y __ ~~h_ool __y_~te~ approving construction as proposed by the y Board, providing that all school construction and site selection shall be done in a manner which will prevent the recurrence of the dual school structure; further that the Calhoun County Board of Education, after expe di-ture of funds for construction herein approved shall not hereafter be be permitted to claim financial inability to carry out an order of this Court or an order the the Fifth Circuit Court of Appeals arising out of that phase of this case which is now pending on appeal; further that the modifications of the existing zone lines as proposed by the County Board on September 10, 1970, by letter to the Court. are approved. there being no objections to these changes made by the parties - filed and entered 01cFadden) - all copies served by counsel for U.S.A.

Motion of parents, patrons and citizens of the ~~~-1~ Communi~~and Rand91Ph_ pomm_~~~y_ chool~ that their petition heretofore filed in this cause to intervene as parties plaintiffs, intervenors be granted and also to make permanent the order of July 27, 1970, with notice thereon that this motio . h set for hearing before Jud ge Lynne on January 29, 1971 at 10 a.m., filed - copies served by counse l - See order Bibb Co School System 1/29/ 1

Memorandum of Decision and Order regarding Limestone County School System that defendants effect such reassignments of teachers within the system that by February 1, 1971, and for the balance of the school year, there be at each school approximately 82t white faculty and approximately 18% black faculty - -and in particular that at the New Hope school for the seco d semester composition of faculty be eleven or twelve white members and two or three black members; that the current principal at Johnson Junior High be assigned to other duties at Johnson Junior High or elsewhere in the

(over)

19-f.tTB

Jan. 4

It 8

It 8

cont'd

PBOOEEDINOS

sy~tem, but without any reduction in pay for the balance of the school year and the defencants shall, using the criteria contained in the policy statement filed in this court, select one of the following to be principal at Johnston Junior High effective with the commencement of the second semester of the 1970-71 school year and in no event later than February 1, 1971: Benjamin L. Cirttenton, Acrus B. Crook, Jr., and Thomas J. Witt, and the two not selected as principal, together with Edwin Spencer, shall be offered a promotion to principal at the time the next three vacancies occur in principalships within the system and the defendants shall pay to the four demoted principals who have remained in the system, retroactive to the commencement of the 1970-71 school year, a salary supplement such

Oa~ Orde Juelgment I

as to make their compensation equal to that which they would have been receiving had they rem8ined as principals during the year--such supplement to continue until they are offered a promotion baCk to principal or Until their employment is earlier terminated; and orderinB that defendants cease using any racial quota or percentage in the hiring of employees, and that defendants furnish to the other parties semi-annual reports (spring and fall) showing vacancies to be filed; general qualifications and any specia requirements for such vacancies and the name, race, educ ation, certificat , and experience of theapplicants, including an indication as to those hired and ordering defendants to take such steps as may be necessary to assure that no student residing in Limestone County shall be permitted or suffere~ to attend a school in another attendance zone of the County, etc. filed an~ entered (Pointer) copies mailed attorneys

Order on aotiona for preliminary and permanent injunctions and for supplemental relief as to the ~~lt~d~a_f~~-~ S~hoo~_y~~m decreeing the follovin& relief: 1. The Board will, within 30 days develop and file with the Court the nonracial objective criteria required by paragraph l(b) of the decree of February 3, 1970; 2. The Board will within 30 days offer Glai, Thompso~ and Romine, for their acceptance or rejection, elementary principalships as also required by said decree, and as to Glasa will first grant him the general salary increase made to other principals, effective as of the begi1ning of the school year (1970-71); 3. The Board will within 30 days offer walla e a band directorship, and will pay him the band supplement beginning with the 1970-71 school year; with a decree to be entered in accordance with the fo e-going filed and entered (Grooma) - copies mailed attorneys

Judgment as to the Ta.!l~_d~_ga_G_~~-ey Sch~_Q_l_~_a.!_e!! pursuant to the opinion filed therewith (order above) ordering that the Talladega County Board of Education will within 30 days develop and file with the Court the nonracitl objective criteria required by paragraph l(b) of the decree of February 3, 1970; The said Board will within 30 days offer Daniel Glasa, Haywood Thompson, and Ervin Romine, Jr., for their acceptance or rejection, elementary principalships as also required by said decree, and as to Glas1 will first grant him the general salary increase made to other principals effective as of the beginning of the school year (197071); the said Boarc will within thirty days offer Walter Eugene Wallace a band directorship, and will pay him the band aupplement beginning with the 1970-71 school year; and o~erruling the motions to dismiss the motions and the petition; and granting the motions for preliminary and permanent injunctions nd fo1 supplemental relief in conformity and to the extent herein decreed filed and entered (Grooma) - copies mailed attorneys

Continued to next page

D . c . llOA Rev. Clv!l Docket Continuation SOUTHERN DIYISION CA 70-251 17 DATE

I 1971 .Jan. 21 " 21

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Feb. 4

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PBOCEEDmas Date Judgn:

Interrogatories by The United States of America, Plaintiff-Intervenor and Amdcus Curiae propounded to the Tarrant City Board of Education and Superintendent Jack Morgan in re Tarrant City School System_ filed -copies served by counsel

Request of the United States of America, Plaintiff-Intervenor and Amdcus Curiae for admission by the Tarrant City Board of Education and Superintendent Jark Morgan in re ~arr~nt City School System filed - copies served byoounsel

Motion of plaintiff-intervenors for further relief as to the Sumter County S~~~oJ_y~!_em filed - copies served by counsel .

Response of the United States to motion of patrons and citizens regarding the ~Jbb_Gg_uJ!,t.Y S_c_h_o~l-~s~_e!!! filed -

Motion of plaintiff-intervenor, NEA, Inc. for further relief fn : the Walker C~~~y_S~~P-~~--~ste~ filed- copies served by counsel -----

Notice of appeal of defendants, the Limestone ~~~~-~~hool ~~tem,_~~~' from order of the District Court entered on January 4, 1971 - filed -certified copy mailed to Clerk, U. S. Court of Appeals, New Orleans, La. and copies mailed to attorneys

Appeal Bond ($250.00) filed Motion of defendant (Li~t;,s_t_~l!~-~o_~n_ty __ S~_!J.-~ol S~l!_~~~) for stay of prodeedings an

supersedeas pending appeal filed - copies served by counsel Order denyin g stay of proceedings re 1~~11!~~-t_o~_e_Q_oun~ School Sy_!_~em - filed and 1

entered (Pointer) - eopies mailed attorneys Answer (T_at;_r_a~t __ C_f:.t.Y. .~.l!.~~l3stem) to request for admission under Rule 36 file

copies served by counsel Answer and argument of !ar~~nt Ci~-~choo~stem to motion for supplemental

relief filed - copies served by counsel Answers of t~-r~_a!!_t Ci__!y__~~~~~stem to interrogatories filed - copies served

by counsel Order (l!~~b _ __fo~~tv~_

DATE 1971

Feb 11

" 18

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II 24

t1 25

II 25

Mar. 3

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II

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II

3

4

4

5

5

I'BOCUDINQS

Order on motion of defendant, appellant, dismissing the appeal filed by the Limestone County School System - filed and entered (Pointer) - copies mailed attorneys

Application of the United States of America, Plaintiff-Intervenor and Aadcus Curiae for an order to ahow cause and to grant relief aa to the Talladega County School System, with Affidavit of Theodore J. Garrish, Attorney, Dept. of Justice attached, filed - copies aerved by counsel

Application of the United States of America, Plaintiff-Intervenor and Amicus Curiae, for an order to show cause and to grant relief as to the Limestone County School System , with affidavit of Theodore J. Garrish, attorney, Department of Justice attached, filed - copies served by counsel

08~ Or< Judgment

Order that on February 24, 1971 at 2 p.m., in the Courthouse of this Court at Birmingham, the Limestone County Board of Education, Superintendent C. S. Pettus and Principal Paul Hargrove shall appear and abow cause vhy the re-lief set forth in the Feb. 18, 1971 'Application of the United States abould not be granted; and further ordering that the U. S. Marshal aerve a copy of this Order on Superintendent C. S. Pettus and Principal Paul Hargrove, filed and entered (Pointer) - copies mailed attorneys .

Writ to serve the order to show cause on Superintendent Pettus and Principal Hargrove issued - del. to u. S. Marshal for service

On Hearing before the Bon. Sam C. Pointer, Jr. on order to show cause in the case of Limestone County Board of Education - statements and presentations made by counsel and interested parties - no testimony - Finpings of Fact and Conclus~ons of Law dictated into the record with oral order for court reporter to transc~ibe same and submit to the court -

Clerk's Court Minutes that the court having dictated his findings and conclusions into the record, this case be continued for final order to be entered by the court - filed and entered

Motion and Notice of Motion by defendant Walker County Board of Education to dismiss the motion for further relief filed - copies served by counsel

Motion and Notice of Motion by defendant Walker County Board of Education for more definite statement by plaintiff-intervenor, NEA, Inc. filed -copies served by counsel

Order granting request of petitioner Tuscaloosa County Board of Education for a new school to be located within the Duncanville area of Tuscaloosa Count) and to continue the operation of an elementary school within that area, no objections being made from any party to this cause, and directing the school should be located within the area designated as Duncanville on the map attached to the Petition and the location to be reasonable and available considering transportation and population to all students within the Duncanville School zone filed and entered (McFadden) - copies del. to attorneys for the school - copies mailed other attorneys

Writ to serve order to show cause on C. S. Pettus, Superintendent, Limestone County Schools and Paul Hargrove, Principal on February 23, 1971, and filed

Motion of the United States, Plaintiff-intervenor for supplemental relief as to the Anniston City School System filed - copies served by counsel

Memorandum of the United States, Plaintiff-intervenor, in support of motion for supplemental relief as to the Anniston City School System filed - copies aerved by counsel

Motion of plaintiff-intervenor, National Education Association, Inc. to expedite relief as to Shelby County School System filed - copies served bymunsel

Objections by plaintiff intervenor, National Education Association, Inc. to "non-racial criteria" as to the Shelby County School System filed -copies served by counsel

D . c . IIOA R ev. Civil Docket Continuation SOUTHERN DIVISION CA 70-251 DATE

- 1971 _ Mar. 5

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t June 1 " 1

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.t n 1

PROCEEDINGS

Request by the United States of America for production of documents by the Tuscaloosa County System filed - copies served by counsel

Motion of plaintiff-intervenor, NEA, Inc. for further relief as to the P-_e_a_tu.~_City_ _S_c_h_9_o..!._ _S_ys_te~ filed - copies servec by counsel

Request by plaintiff-intervenor, NEA for production of documents as to the ~ecatu_r._ _G_i!):__Sc_h_o_oJ_ -~!!.~..!!1 filed - copies served by counsel

Motion of the United States for further relief to effectuate the principles expressed in the March 20, 1970 order respecting the Tuscaloosa City School System filed - copies served by counsel

Answer of defendant Deca~ur City Board o~_ Ed~~ation to the .otion for further relief by plaintiff-intervenor, National Education Association, Inc., filed - copies served by counsel . , . ,

Answer of defendant ~ecat~~ Ci~chool~~tem to request fo~roduction of documents filed - copies served by counsel :

Request of the United States of America for admission by the Tuscaloosa City Board of Bdu~i9n and Suerintendent Hugh Stegall filed - copies served by counsel /. '

Motion of the United States of America as to the !~cal~ County School ~_!lt~JI!. .. to shaw cause and for suppleaenta 1 relief filed - copies served by counsel

Date Ort Judgment

Motion of plaintiff-intervenor, NEA, Inc. for further relief as to the Clay .k.u~_t.Y....ch

DATE 1971

June 2

" 2

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II 9

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PBOCEEDINOS

Order, dated June 1, 1971, (!al~ad~&~~~unty ~chool System), that on June 9, 1971, at 9:30A.M., in the Courthouse of this Court at Birmingham, Alabama, the Talladega County Board of Education and Superintendent J. R. Pittard shall appear and huw cause why the relief set forth in the February 18, 1971 Application for an order to show cause of the U.S. should not be granted, and why this Court should not enter such orders as aay be necesaar~ and appropriate to ensure the full implementation of the court orders in this cause; further that the U. S. Marshal shall aerve a copy of this order on Superintendent J. R. Pittard of the Talladega County Board of Education filed and entered (Grooms) - copies mailed attorneys - copy del. to u.s. Marshal for service on J.R. Pittard

Order, dated June 1, 1971, (~~h-~\l_~~~\!..l!~ -~

D . c . noA Rev. C1vU Docket eontlnuatton SOUTHERN DIVISION CA 70-251 #9 DATE PROCEEDINGS Date

[ __ 1_9_71 ____ ~-=--~~~~--~~--~-=~~------~----~~_,~,f-=~h~~~l'i~f~--1 June 11 On Hearing before the Hon. H. H. Groo~ on motion of NEA for urt er re e as to the Muscle Sho~~~i!Y- order overruling defendant's motion that NEA not in the case - testimony of Intervenor NEA on its motion for

Judgm1

tl 11

II 15

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ft 23

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It 30

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l

further relief - taken under advisement - intervenor ,allowed five days to file brief - defendant allowed five days to reply -

On hearing before the Hon. H. H. Grooms on motion of NEA for further relief I as to the ~lbert_oun__!y_8ch_o_g_l_kste~ - testimony of Intervenor NEA introduction of defendant's testimony - taken under advisement -intervenor granted five days to file brief and defendant allowed five days to respond defendant to file teacher assignments August 1, 1971 -

Memorandum of plaintiff-intervenor United States as to the _!)~tur Pity School_ Sy&teDl filed - copies served by counsel d .'< .< s ~ . . .

Motion and Notice of setting of motion for further refief by plaintiff-intervenor, NEA, regarding the ~~~~~JL~sa CouE!Y Sch~ol~~~-~. filed -copies served by counsel (copy del. to Judge McFadden's office)

Agreement of parties to this cause that consent order be executed by the Court filed regarding !nniston __ Qi~ School System

Judgment, by consent, that all students in the ~nn~ston City public school syst~~ shall attend the school located within the attendance zone of their legal residence except that the school system shall permit a student attend ng a school in whichhis race is in the majority to choose to attend another school where his race is in the adnority, etc. and entry of this order shal not prejudice the right of the United States to pursue the other matters alleged in the March 4, 1971 motion and not resolved by this order filed and entered (Allgood) - copies sailed attorneys

Motion of the members of the Oxj~rd City Boa~~~~ca~ion_ regarding proposed new school library filed - (copy of plan attached) - copies served by counsel )set on July 16th motion docket - Judge McFadden)

Nonracial objective criteria to be used by the S~ter Co~ty~o~rd of Education in employing, dismissing, transferring and demoting teachers and staff members filed in open Court June 22, 1971 (Grooms)

Order,on motion of plaintiff-intervenors for further relief,overruling said motion and allowing any objections to the eriteria filed in open court to be filed within fifteen days from receipt of this order filed and entered (Groo~) {Re: ~~ter Coun!_y___$choo.!_~stem)

Report of the Colp~r!_~~JY--~~~rd of Education's Non-Racial ObjectionCriteria filed - copy del. to Judge Grooma

Memorandum brief of defendant Colbert County Board of Education filed - copies served by counsel

Motion of The United States, plaintiff-intervenor, for bearing on the unresolved issues raised by the March 4, 1971 Motion for Supplemental Relief filed r~garding the !nniston ~ity_~chool System filed - copies served by counsel - copy sent to Judge Allgood

Certified copy of Opinion-order entered by the U. S. Court of Appeals as to the 1!.Utoull_Cp_unt_Y. School_~ste_m. and City of Ox_for_c!_~_~_hool Systell! and vacating the judgment of the district court as it relates to student assignment and remanding with directions that the district court require the School Board forthwith to institute and implement a student assignment plan that complies with the principles established in Swann v. Cbarlotte-Mechlenburg Board of Education, etc.; and the district court shall require the School Board to file semi-annual reports during the school year filed -(Before: Wisdom, Coleman and Simpson, Circuit Judges) (exhibits returned)

(over)

DATB 1971 July 1

" 6

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" 8

It 9

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It 16

PBOCDDINOB

Motion of Donelson B. Horton, Charles E. Schri~her and Raymond L. Marsh, as Trustess of the Mooresville - BelleMina School to intervene as plaintiffs in this matter pertaining to the Li~_stone County Scboo~tem, with pleadings of applicants for intervention attached, filed - del. to Bill Wood

Report of the Tus_c_aloosa City Bo~_rd of Education of construction of additional classrooms and alteration of zone lines filed - copies served by counsel (co py del. to Judge Grooms) - See entry of Dec. 13, 1971

Notice that the United States of America will take the deposition of Elvin Hill, Superintendent, Shel~JL_Coun~oard of Ed~cation, at 1 p.m. on July 13, 1971, at his office filed - copies served by counsel

Objections of the United States to non-racial objective criteria pertaining to the SU!1!t_e_r_C2_U!l_t__y _ __ch02_L~~-~~D! filed - copies served by counsel (in Judge Grooms' motion folder)

Motion of the United States of America for supplemental relief as to the ~e_f__1_~1~ _Cdi!-:L_}

1c1bo_o_ld -~_stem filed - copies served by counsel

DLL. to Ju ge ~ goo Agreement of parties for consent order as to the Oxford City Board of Education

filed Consent Judgment approving the construction of a new library by the Oxfo~d C!!Y

Board of Education filed and entered (McFadden) em Motion oi-the pla-in'ti-fis--intervenors for reconsideration of the order of June 23,

1971 as to the ~~~~~-C2_~~- Sc~~J-~tem filed - copies served by counsel in Judge Grooms motion folder

Objections by plaintiff-intervenor, ~~. Inc. to Nonracial Objective Criteria proposed by ~~t-~~ Coup_t_y_~o_a_~Deposition of Dr. L. Charles Sprayberry (Tusc~-l~~sa Co~p~~~~em) taken on behalf of plaintiff intervenor, U.S.A. filed

Memorandum Opinion of the Hon. Frank H. McFadden filed and entered - em Order Judgment, pursuant to the Memorandum Opinion filed contemporaneously

herewith, that the ~~ca_t_u_r_ ~_i_!_y __ Board_ of Ed_~!_c_a_t..!_on will within 15 days develop, filed with the Court, and serve upon the parties the non-racial objective criteria required by the Feb. 11 , 1970 court order; and the said Board shall within 30 days appoint William L. England and C. Leon Sheffield to principalships in the Decatur system, etc.; and the vacancy at Decatur High School shall be filled in conformity with the requirements of the Feb. 11, 1970 Court order filed and entered (McFadden) em

Motion of defendant ~imestone Count~ar~of E~ucation for .ore definite statement of intervenor-applicant's application to intervene filed -copies served by counsel (copy sent to Judge Pointer)

MOtion by the Sheffield ~~_!~hool~~m for bearing on United States of America's motion for supplemental relief filed July 8, 1971, filed -copies served by counsel - del to Judge Allgood

Order on application of Donelson B. Horton, Charles E.Schrimsher and Raymond L.

Da~ Ordl JUC1gme.nt

' I ~ f . .;. .. /

Marsh for leave to intervene in this cause relating to the Lime~tone County ~cho~~t~ denying said application to intervenei however, the court is of the opinion that such individuals or one of them/alsignated as spokesman and representative for white parents in the Mooresville-Belle Mlna School area and that such persons do have substantial interest in the presentation and approval of .odifications proposed for the disestablishment of the dualJ school system and the Court likewise is of the opinion that spokesmen for black students could likewise be of assistance to the Court; and the Court further directing that proposed plans for changes in said system for 1971-72 be filed with the Cour.t by July 26, 1971, etc. filed and entered (Pointer)

D. c. UOA Rev. Civil Docket Continuation SOUTHERN DIVISION CA 70-251 #10

DATE 1971 July 2

11

22

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28

PROCEEDINGS

Order on motion of plaintiff-intervenor, National Education Association, Inc. for further relief as to the Colbert County School System, granting the same as follows: 1. The Board Ti directed to give due consideration to the claims of the individuals herein considered in filling the first vacancies in positions for which they qualify and race shall in no respect be a factor in the filling of any such vacancies; 2. The Board shall for the school year 1971-72 comply with the Singleton rule and within ten days before the opening of the 1971-72 term, the Board will file with the Court a list of the assignments so made; and overruling the motion as to other relief sought and those objecting to the criteria filed with the Court, shall file such objections within 20 days from the date hereof filed and entered (Grooms) em

Motion of plaintiff-intervenor, NEA, Inc., as to the Talladega County Board of Education to show cause and supplemental relief regarding principalship to Ervin Romine - copy served by counsel In Judge Grooms' motion folder

Order setting a hearing on the motion for supplemental relief filed by the United States on November 12, 1970, as to the ~arrant~ School System at 9 a.m. on August 16, 1971 before the Hon. Sam C. Pointer, Jr., filed and entered (Lynne) copies served by United States Attorney

Order setting a hearing on the motion for supplemental relief filed by the United States on December 23, 1970, and the motion for temporary restraining order and for preliminary injunction filed by the National Education Association on July 15, 1970, as to the Shelby County School System before the Bon. Frank H. McFadden in Birmingham at 10 a.m. on August 2, 1971 filed and entered (Lynne) copies served by U. S. Attorney

Order on motion of National Education Association, Inc., plaintiff-intervenor, for further relief as to the ~~scl~~oa)~-~h~ot~~~~m, overruling defendant's motion to dismiss or to strike; and granting the motion for further relief in that the Court directs the Board to develop and to file with the Court within 30 days non-racial objective criteria to be used in the employment, demotion and dismissal of all professional personnel and

Dat Judg1

in the interim the Board will ashere to Singleton with respect to Charles L. Carter and will offer Carter the first vacancy in a principalship or assistant principalship for which he qualified and overruling the motion in other respects filed and entered (Grooms) em

Order setting out directions to the Morgan County School system to provide for full student desegregation in the MOrga~ County School System filed and entered (Allgood) em

Notice that the motion of the Tuscaloosa City Board of Education for additional hearing on the United States' motion for supplemental relief is set for 1:30 p.m., Driday, July 30, 1971 (Grooms) filed - copies mailed

Two suggested plans for the desegregation of ~~estone Count~ Schools, indicated as Plan A and Plan B, filed (del. to Judge Pointer's office)

Compiiante report as required by decree of July 13, 1971, filed on behalf of the Decatur Cjjy_~h~oJL~~~~ - ( copy sent of Judge McFadden)

Desegregation plan for the Li~~-~o~~ Co~JY-~E~r~~f E~~a~ion for implementati n 1971-72 school year filed - (copy sent to Judge Pointer)

Judgment, by consent, as to the Clay __ ~~~~ty_JL~~~~l __ Syst~~ plans and policies of desegregation,~ith consent of parties filed July 23, 1971, attached, filed and entered McFadden) em

Order, pursuant to the mandate of the U. S. Court of Appeals, regarding the Calhoun CounJtr and Oxford City Sch~ol Sys~~~. that said systems prepare desegregation plans to be filed and served upon the parties no later than August 2, 1971, and all parties to file objections if any, by August 4, 197 , and setting a hearing on any objections on August 6, 1971 at 11 a.m. in Birmingham; and on each Sept. 30 and Jan. 30 the said board shall file .re-nort& nd directinsz the U. S. Marshal to serve cooies of this order on, - - "'

DATE

1221 July 28

II 30

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It 30

Aug. 3

" 3

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PROCEEDINGS

the Superintendents of Education for the said syste~ filed and entered (McFadden) - copies del. to U. S. Marshal for service

Motion of plaintiff-intervenor, NEA, Inc. for reconsideration of Order entered July 22, 1971 as to the ~uscle Shoals School System filed - copies served by counsel (del. to J. Grooms)

Report of the_])~-c~~u_r_Cli.Y_ Sch_o_5>_l __ Sy~~-e~ __ filed - copies served by counsel On Hearing before the Hon. H. H. Grooms regarding the T~~~~loo~a City~~ar~~~

~d~c_a_t_i_o_~ for further relief - testimony of Dr. H. H. Steagall for defendant -

Agreement of parties for entry of Consent Order by the Court as to the Clay .C.~u_n_~ __ S_c_h_o_o_l __ ~_s_~e-~ filed

Date On Judgrnen1

Judgment, by consent, pursuant to the agreement executed by the attorneys for parties as to the ~lay_Coun!Y~c~pol Sy~te~ that the Clay County Board of Education neither adopted nor applied non-racial objective criteria in making the assignments of principals for the 1970-71 school year; for the 1969-70 school year Mr. Alfred Sims served as principal at Ashland Junior High School; for the 1970-71 school year Ashland Junior High School was closed pursuant to court order and for the 1970-71 school year Mr. Sims was demoted to a teaching position at the Millerville Elementary School and to correct the effects of past t.on-comp liance ordering the Clay Countf{ Board to assign Mr. Sims to position of assistant principal at the Clay County High School effective 1971-72 school year; and to pay him in addition to his base salary and raises . the salary supplement he was re-ceiving as principal at Ashland Junior High School for the 1969-70 school year; and ordering the Board to offer him the next available principalship vacancy which occurs at an Elementary or Junior High School in Clay Count~ School System and continuing all other orders in full force and effect except as modified herein filed and entered (McFadden) em

Memorandum Opinion and Order of the Hon. Sam C. Pointer, Jr. as to the Limest~~~ fo_up_t_y ~_o_a_f_d __ o_f_ J:j_ucl;i_t_i_o_n _ _(N_ew_!i_C?P.~ .~c_h.Q.

SOUTHERN DIVISION CA 70-251 Ill D . C. llOA R ev. Civil Dock et Continuation ==========================================================7====

DATE 1971

Aug. 4

II 4

" 4

II 4

[ ' II 5

" 5

.. 6

" 6

" 6

.. 10

II 11

[ " 11

11 16

.. 16

" 18

l " 19 .. 19

PROCEEDINGS

Cont'd term, file a further summary of staff assignments at the several schools in the System filed and entered (Grooms) em

Response of the United States pursuant to the July 28, 1971 court order regard-ing the faJh_o_un_f _o_ul1!.Y and 9xfo_rd Ci.!.)'_School Syst_e!'l_s filed - copies served by counsel

Plan submitted by the ~~ lh_o_l:l.r:t. _C_o_l.!!l_ty __ B_o_a rd _ _Qf __ ~du~!_i,OE and the Oxfor~G_i.!.Y. ~_oar_d Q._f _E_du~_at_io_n to comply with the mandate of the U. S. Court of Appeals as ordered by this court on July 28, 1971 filed - copy sent to J. McFadden

Response of the ~a_l_h_Q._u_n_C_o_u_n_ty_ ~_o_ar~ _of -~d_l.!c _a_tio_'l! to the order of the Court to prepare and file a plan to fully desegregate the Ih~nkful_p~poo~ filed -copies served by counsel - copy sent to J. McFadden

Petition (letter dated Aug. 4, 1971) of the g_~_la.!_r_Cs>_~.mt_y_BoEl~m.e_n_ta_ry .s~_hool filed - (Set at 1:30 p.m. Aug . 20) del. to J. Grooms Order returned executed July 23, 1971 on the Shelby County School System and

on the Tarrant City School System, and filed On Hearing before the Hon. F. H. McFadden for production of evidence in support

Date Or Judgmenl

of and in opposition to the alternative plans submitted by the Calhoun Count _ ~o_a_r_cL of_~d_u_c_~_~i_C?_n_- introduction of plaintiffs' testimony - plaintiffs rest -introduction of defendant's (~~-~o~ Col.!nJY) testimony - defendant Calhoun County rest -introduction of defendant's (Oxford~~~chools) testimony-defendant (Oxford) rest - case taken under advisement - written judgment to be entered -

Clerk's Court Minutes that this case is taken under advisement; written order to be entered filed and entered

Order Judgment that the Ca_lh_C?..!!...Il._Coun_g_]_~_r_cLQLEd\Jcation shall completely pair the schools at Eulaton, Mechanicsville and Thankful; the Calhoun County Board of Education and the Oxford Cit~ard of Education shall implement Plan III, filed August 4, 1971, assigning grades as indicated, etc. filed and entered (McFadden) - copies distributed to parties by the Court

Objections of the United States to Colbert County non racial objective criteria filed - copies served by counsel - del. to J. Grooms

Findings of Fact and Conclusions of Law and Final Order of the Bon. Frank H. MCFadden, dated August 10, 1971, as to the ~P~1-~Y--~-~_ty_~~~) __ ~stem to remedy the effects of the violations of the February 13, 1970 court drder filed and entered - em

Amended nonracial objective criteria to be used by the ~~ter Cou~;y Board of Educa~~~~ filed - copies served by counsel - copy del. to J. Grooms

Motion of defendant Colp~-~t Co_~!Y~oa~~ of Educa;_~o~ to dismiss the objections filed by United States of America filed - copies served by counsel -del. to J. Grooms

Response of ~~~[~~ld Ci~~~ch~~-~~~~ to motion for supplemental relief filed the United States of America on July 8, 1971, filed - copies served by coun del. to J. Allgoai

Notice of appeal of Oxfo~~ CitJ[~~rd o~Educ~~io~ from order entered August 6, 1 71, as it related to the f~l_h_o_En --~

---DATE PROCEEDINGS I D&te 0~ __ 1_9_7_1 __ ----------::----~--:----::-:--~--------------,----- - ----. Judgment

Aug. 20 Order approving the nonracial objective criteria filed herein by the Sumter

It 20

1f 20

fl 20

20

" 23

" 23

.. 23

" 23

" 23

II 24

24

28

CoU!!_~-B~~-~~_Q__f_ Ed '!_C~t ion on August 11, 1971, filed and entered (Grooas) -copies ~iled attorneys

Order overruling the motion of plaintiffs-intervenors for reconsideration of the order entered herein on June 23, 1971 as to the Sumter County School

~~~e~ filed and entered (Groo~) On Hearing before the Hon. H. H. Grooms as to the Talladega County School

~s~e~ on motion of plaintiff-intervenor NEA filed July 22, 1971, for order to show cause, etc. re Ervin Romine - introduction of aovant'a NEA testimony - introduction of defendant's testiaony -argument of counse -taken under advisement

Order amending the desegregation plan of St. Clair County on the petition of th St. Clai~ __ 9?_u_py_~a~d __ of _J:du._c_a~ion to amend filed and entered (Grooms) em

Revised plan of the Oxford Ci~_..!O!l_!__a_~, along with ~_t_!.Q_n_ fo~_e_h_~aring on the decree entered by the Court on August 6, 1971, filed - signed by attorneys for the Oxford City Board ofEducation and attorney for plaintiffs and plaintiff intervene NEA - copies served by counsel

Transcript of proceedings before the Hon. Frank H. McFadden at Birmingham on August 6, 1971 filed - (original and 2 copies)

Order, dated August 20, 1971, that "Revised Attachment D" included with this order be substituted for Attachment D and ~de part of the July 30, 1971 order, filed and entered (Pointer) em Qbimestone Coun~School System)

Report of the Cotb~rt County_Sc~~ol~ on racial composition of faculty and staff for 1971-72 per order of July 21, 1971 filed-~ del. to J. Grooms

Petition of Q_x_f_o_r_g __

D . c. llOA Rev. ctvll Docket Continuation SOUTHERN DIVISION CA 70-251 #12

DATE 1971 Aug. 3

..

..

31 31

Sept. 1

II 1

" 1

II 1

" 2

II 2

" 7

" 7

II 1

PROCEEDINGS

Petition of defendants Greene County Board of Educ~ion to modify the desegregation plan previously filed and approved herein, with affidavit of Jack Drake and proposed order attached, filed - copies served by counsel - del. to J. McFadden by Attorney Drake

Deposition of Elvin Hill, taken on behalf of plaintiff-intervenor, filed Order granting the petition of defendants to modify the school desegregation

plan for Greene County approved by order of the three-judge panel entered February 12, 1970, and modifying said plan as set forth filed and entered (McFadden) em

Motion of the O~~~rd_Q!~_Bo~!~~Edt_JC_!ti~E.._ to require the Calhoun County ~~!"~ - .C?~ -~~uc~ti~~ to produce at the hearing in this cause on September 2, 1971 at 10 a.m. filed - del.to J. McFadden

Date 01 Judgrnen

Order, dated Aug. 27th, returned executed Aug. 28, 1971 on Attorney James Tingle & fil Certified record on appeal relating to appeal by OX~~~ qTY .!.~ __ OF -~12\.!.GATlON

calhoun County mailed to Clerk, U. S. Court of Appeals, New Orleans, La. -exhibits hearing August 6, 1971 , mailed with record - copies of transmittal letter and docket entries mailed to attorneys

Order, after informal hearing in chambers on August 9, 1971, all parties being represented by counsel, etc.,denying the motion of the United States insofa as it calls for the development of a desegregation plan which will fully desegregate the Southeast School; (?_hef_fj._elq__

DATE 1971 Sept. 7

" 8

" 8

" 8

II

" 8

" 9

II 9

II 9

II 9

II 9

" 9

" 9

II 13

PROCEEDINGS I Date Orl

Judgment -=----1

of Education, in which plaintiffs and plaintiff-intervenor, National Education Association, Inc., joins, to revise the school desegregation pla approved by the order of August 6, 1971, filed and entered (McFadden) em (Exhibits in brown manila envelope)

Petition (!'1o.!E_a_n_C_~unty _S_ch_o_oJ_~s_t_e~) by Robert C. Street, Karl Hough, Alvis G Briscoe, Francis A. Collier and Delano H. Johnson, as members of the ~~_r_z~n_c;_o_u_n_ty ~-OJI_t:.d __ c~_( _E_Q_uca_t_i_pn, and George F. Nancarrow, as Superintende t, for modification of the order in this cause of July 23, 1971, filed -copies served by counsel del. to J. Allgood

Order respecting children of teachers, who reside within the Talla~~nd ~la~a~a~ijy_~chool District~ and who teach in the Talladega County

~~~~~ filed and entered (Grooms) em Order on motion of plaintiff-intervenor N.E.A., Inc. to show cause, and for

supplemental relief that the judgment of the Court is that Principal Romine be retained in his present position as assEtant principal of the T~ll~~~~--~o~~!Y High School, and that he be tendered the next vacancy in an elementary principalship for which he may be qualified and dischargi the order to show cause and the prayer for further relief is denied other than as hereinabove granted filed and entered (Groo~)

Order on objections to non-racial objective criteria pertaining to the Colbert CountY. Sc~9otJ[y~te~, with Appendix attached giving the nonracial objectiv criteria; and ordering that a copy of these nonracial objective criteria be furnished by said Board to each of its teachers and staff members filed and entered (Gro~) em

Response of United States of America to defendants' petition for modification as to the ~g_r_ga~-j:~un_!y_~_ho_ol ~~~~ filed - copies served by counsel

Response of defendant Ml!s~_l,_e _ __ll_o~J,_s_j)_cho_o_l_b_stem to motion by plaintiff-inter-venor, NEA, Inc. for reconsideration filed in open court August 20, 1971 (Grooms)

Non-racial objective criteria to be used in employment, etc. of all professional personnel by the Ci~y-~-o~~d of Educa~ion of the City of Muscle Shoals, Alabama, filed - copies served by counsel

Order that the Muscle Shoals City Board of Education has filed a nonracial objective criteria as directed by this Court in its order of July 22, 1971 and any party having objections thereto shall file the same with the Clerk within 15 days from the date of this order filed and entered (Grooms) em

Order overruling the motion of Intervenor for reconsideration of the Court's -order of July 22, 1971 filed and entered (Grooms) em

Motion of defendant S~~er_~o~~~oarJL_of Ed~c~tion for temporary injunction to enjoin plaintiff-intervenors from interfering with the operation of the Sumter County School System and encouraging students to boycott, etc. filed -copies served by counsel

Order on motion of _~t-~_r_Coun~_J!oard of Ed\!fation for temporary injunction setting same for hearing on September 17, 1971 at 9:30 a.m. filed and

entered (Grooms) em Order Judgment on request of the Mor&~E County_B~ard of EdE~ation that this

Court modify its order of July 23, 1971, authorizing said Board to close the Moulton Heights Elementary School and transfer all the students there enrolled to the Est Morgan School; in the event the Moulton Heights Elem. School is closed and the students presently enrolled there transferred to the West Morgan School, the present faculty of Moulton Heights Elem. School will be transferred and reassigned to the West Morgan School; and in the event the State of Alabama Dept of Public Health prevents the transfer of additional students to the West Morgan School, the said Board will continue to operate the Moulton Heights Elem. School in strict accordance with order of July 23, 1971, filed and entered (Allgood) em

D. C. UOA Rev. Civil Dock et Conti nuation SOUTHERN DIVISION CA 70-251 Page 13

DA)'J: lYll ~ ..

II

"

II

~~

"

"

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"

"

"

"

..

... ...

~

"

17

17 17

17

17

20

20

21

21

21

21

23

23

24 24

27

28

PROCEEDINGS

Report of the Anniston City School System pursuant to order of the Court dated June 23, 1971 filed ) del. to J. Allgood - copies served by counsel

Notice of Appeal by plaintiff-intervenor, NEA, from the order of July 22, 1971 and furthe~ oraer entered September 9, 1971 as to the Muscle Shoal~

~_c_h_o_c> _l_ ~_stem filed - certified copies sailed to U. S. Court of Appeals and counsel

Appeal Bond $250.00 filed -Designation of record on appeal by plaintiff-intervenor, NEA, filed - copy

served by counsel - re Muscle?hoals Schopl System On Hearing before the Hon. H. H. Grooms on the motion for Temporary Injunction

by the ?_~t-~_ .f_~~.!.Y__li_oa~

DATE 1971

Sept. 30

" 30 " 30

" 30

II 30

" 39

Oct. 1

" 1

II 1

II 4

" 4

" 4

" 4

" 5

II 6

PROCEEDINGS

Report of the _t_. __ pa_i_r_Cou~ Bo_!_rd of Education on student transfers l.=n----ac cordance with the order of Auust 20 1971 filed Petition of L~estone County system ror clarification, instructions, etc. filed Ord~r on objections to non-racial objective criteria, ~~~~~~~~~!~~~~~choo~

Sy_s_t_e~, that the Muscle Shoals City School Board and the Superintendent of said system immediately adopt and implement in employing, dismissing, transferring or demoting teachers and staff members the nonracial objective criteria set out in appendix to this order; further that a copy of these nonracial objective criteria be furnished by said Board to each of its

I Date Or .Judgmen

teachers and staff members; this order encompasses the objections of plaintiff-intervenor N.E.A. and U.S.A. - filed and entered - Grooms - copies mailed

Certified record on appeal (Mu_~cle Shoa~~~~hool~st~~) mailed to Clerk, U. S. Court of Appeals, New Orleans, La. - copies of docket entries with letter

' of transmittal mailed to attorneys -no exhibits offered Answer of the Q_x_f_o.r_d __ C_i_~_Boa_r!! ..5?.t Educ_lli_~'f! to the information requested under

Paragraph 9 of the order dated August 6, 1971 - racial criteria - filed -copies served by counsel

Findings of fact, conclusions of law and judgment,as to the Florence City School System, of the Hon. C. w. Allgood, 6rdering that this Court will reta jurisdiction overthis action for a period of three school years; that the sa school district is required to file semi-ann~l reports; and ordering that said system adopt and promulgate formal non-racial objective criteria to be used in theemployment, dismissal, transferal and demotion of all professiona personnel; and denying plaintiff Harvest Mitchell's prayer for relief filed and entered (Allgood) em

Motion of plaintiff-intervenor, NEA, Inc. for further relief as to the Cherokee Cou~~School 3ystem filed - copies served by counsel copy del. to All :

Response of Tuscaloosa City Board of Education to Court's order dated March 20, 1970 (racial criteria) filed - copies served by counsel - copy del. to Judge Grooms

Order as to the Anniston City School System ordering said Board to prepare an alternate desegregation plan and file with the Court and serve on the parties not later than October 25, 1971; all parties to file objections, if any, by November 8, 1971; and setting a hearing beginning at 9 a.m., November 18, 1971 and continuing on November 19, 1971; the said Board to pro ide parties with all requested information regarding the operation of the school . system including previously prepared pupil locator ~ps; and direding the Cl rk to serve this order by .ail on all counsel and on the Superintendent of the Anniston schools filed and entered (Allgood) em

Annual report of the Tarrant School Board pursuant to order of enforcement dated August 28, 1971 filed - copy served by counsel

Transcript of proceedings on June 9, 1971 (!alladega County~chool System) before the Hon. H. H. Grooms (in triplicate) filed

Transcript of proceedings on August 20, 1971 (Talladeg~ County School System) before the Ron. H. H. Grooms (in triplicate) filed

Certified record on appeal mailed to Clerk, U.S. Court of Appeals, New Orleans, La. (~umt~r Cou~ Sc~~~st~~ - no exhibits - copies of transmittal letter with docket entries sailed attorneys

Designation of record on appeal by the United States,- plaintiff-intervenor and amicus curiae and appelllant herein, filed - copies served by counsel in regard to the Talladega Count! School System -

Order setting motion for temporary in Unction returneo, executed October 6, 1971 on Rev. F. N. Nixon, York, Alabama, and filed

D.C. llOARev. Civi lDocketContlnuation SOUTHERN DIVISION CA 70-251 Page 14 ==========================================~========~====

DATE

.1971

" 7

" 8

12

1t 15

" 15 " 15

" 26

" 29

Nov. 8

" 16

" 16

.It 16 11 17

" 18 ~ 18 It 19

" 19 ... 19

" 23

PROCEEDINGS

Report of the Calhoun County Board of Education pursuant to Order of this Court dated August 6, 1971, filed - (exhibits attached) - copies served by COI.m.Sel

Tr~nscript of proceedings of December 1, 1970 before the Ron. C. w. Allgood regarding the Talladega County School System filed (Original & two copies ) (Part transcribed by Ray Wester - Carmen in hospital)

Certified record on appeal Talladega County School System mailed to Clerk, U. S Court of Appeals, New Orleans, La. - copies of docket entries and letter of transmittal mailed attorneys (Exhibits on hearings 12/1/70, 6/9/71 and 8/20/71 ticluded as #24 - Memo. Brief of Talladega Co Bd of Ed listed as #8 on Designation of Record also included and aot shown on docket entries, submitted to the Judge)

Motion of the United States of America, plaintiff-intervenor to amend findings of fact, conclusions of law and judgment pertaining to the Florence City ~~hoo~~~em filed - copies served by counsel - copy sent to J. Allgood

Notice/g[ tfff~tiff-intervenor, NEA, from Findings of Fact, Conclusions of Law and Judgment of the Court entered September 30, 1971, :E_~or.e_n~~-~!.~- ..!~l!oo!, ,Sy_s,t_e_~ filed - certified copies mailed Clerk, U. S. Court of Appeals, New Orleans, La. and to attorneys for defendants A~eal Bond (Cash $250.00) filed Designation of record on appeal filed - copies served by counsel - :E_lo~e~~~C~

School System Alternate desegregation plan ~nnis~~~C~ty~oard of E~uS-a~ion filed - copies

served by counsel Certified record on appeal (f.l_o~~-~ce_ ~cy-~c_hoo_~ Sy_ste_m) mailed to Clerk, U. S.

Court of Appeals, New Orleans, La. - copies of docket entries and trans-mittal letter mailed attorneys (No transcript and no exhibits mailed)

Response of the United St~tes to defendants' alternate plan of desegregation filed - u to the_!t:l_ni!_ton Ci_ty Board of Ed_ucation - copies served by counsel - copy del. to J. Allgood

Deposition of Ralph Higginbotham, taken on behalf of Department of Justice, as to the ~?_n_i_s_t_~n __ G_i_~~c~_o_o_l_Sy_s_~e_m filed

Deposition of Bill Rutherford, taken on behalf of Department of Justice, as to the ~nni_s_t_o_n__Cj..y __ S_c_h_oi>l_ ys_!_e~ filed

Deposition of John L. Fulmer, taken on behalf of Department of Justice, as to the !_n._ni~ toE__ C.it_y_ _S_c_h_oo !__sy~~-em filed

Date 0 1 Judgmer

Certified copy of order of the U. S. Court of Appeals extending the time for filing the Court Reporter's transcript in this cause (Flo~ence City School Syst r:F!.l_ for a period of thirty days from the date of this order, November H, 1971 filed

Memorandum of plaintiff-intervenor (~'f!~_i_s!_o~C_!,t~l!_ool__~ste'!l filed State of position by ~n~i_s_t_~n_Q_;_~_ -~o-~_r_ct_~f- -~d~c:_~t.i_o~ filed On bearing before the Bon. C. W. Allgood as to the Anniston City School System

on November 18, 1971 on the alternate desegregation plan - daily adjournmen Hearing resumed -Clerk's Court Minutes that matter taken under advisement; government's brief

to be submitted within 30 days; defendant's ~eply brief to follow within 15 days filed and entered

Report of the Sheffield Pupjic Schools System filed pursuant to court order filed September 1, 1971 filed - copies distributed per request and copy del. to J. Allgood

over

DATE 1971

Nov. 29

Dec. 2

" 2

ec. 9

" 10

" 10

" 13

II 20

" 21

22

23

II 28

30

l972 1 4

It 4

PROCEEDINGS

I Date Orde1

.-----:----- _ J"udgment N

Request by plaintiff-intervenor, NEA for rroduction of documents by defendant ~Prok_e_e __ C_o~n_ty Bo!l. filed - copies served by counse 1

Motion of f:h_erok_e~C_q_u~~-Schoo_~_ste_!ll for continuance of hearing set on December 16, 1971 filed - copies served by counsel

Order granting the motion of the ~e~okee Cou~chool System and the hearing is continued to a date to be mutually agreed upon by the court and counsel for the parties filed and entered (Allgood) em

Notice that plaintiff-intervenor will take the deposition of William W. Carpente , Superintendent of the Pickens County Board of Education, at 10 a.m. on December 16, 1971, in the office of the Superintendent filed - copies served by counsel

Response of the Cheroke~Coun~ Board of Education to request for production of documents filed - copy served by counsel Sunple~ental notice that nlaintif f -intervenor and amicus curiae

will take the denosition of Willia~ w. Carnenter at 10:00 a.~ on Dece~ber 16 , 1971, in the office of the Sunerintendent of t he Pickens Count v School SvsteM filed - cooies served by cou sel

Order ,on the, _re_p.ortof--the!u~s~!_foosa City Boi!.!:P of~'!_C~tion of construction of additional classrooms and alteration of zone lines filed July 6, 1971, that there being no objections to the foregoing after the parties had notice thereof on July 2, 1971, and it arpearing to the court that its co currenc is in order, approving the request for approval of addtional classrom con tructio and alteration of zone lines filed and entered (Grooms) em

Brief for the United States in re the ~nniston Ci~~ School System filed -del. to Uudge Allgood

Interrogatories by plaintiff propounded to defendants, Tusealoosa Cou~y School ~ys_t_e_m, with attachments, filed - copies served by counsel

Motion of the United States of America, plaintiff-intervenor to amend the judgment entered December 13, 1971 as to the Tuscaloosa City School ~s_t~~ filed - copies served by counsel del. to J. Grooms

Certified copy of order, u. S. Court of Appeals (Gewin, Goldberg and Dyer, Cir-cuit Judges) that appellant's motion for a further extension of time for the filin g of the Court Reporter's transcript in the above cause for an additional fifteen days to and including December 31, 1971, is granted ; no further application for extension will be entertained (Florence City

~cho

D . C.llOARev. Civl!DocketConllnuatlon SOUTHERN DIVISION CA 70-251 Page 15 ~===================================================7===

DATE

1972 Jan. 5

" 7

... 10

" 11

" 18

" 25

" 26

" 28

" 28

" 28

" 31

Feb. 3

" 4

7 " 14

II 14

" 28

I" 29 " 29

PROCEEDINGS

Order as to the Anniston City School System, the matter presently before the Court on brief filed by the United States and defendants' proposal sub-mitted by the Anniston City Board of Education, that due to the complexness of this case, is is the opinion of the Court that defendants' proposal that the Anniston City Board of Education be ordered to proceed forthwith to obtain the services of qualified and impartial experts to make a study into, and a timely report on, such matters as they may deem appropriate is well taken and further ordering that the Board obtain experts from either the University of Alabama, Auburn University or the University of South Alabama filed and entered (Allgood) em

Dale Judgrn

Order of modification as to the Limestone County Schoo~ System filed and enterec (Po copies served by the Court

Motion of the United Sta~es to amend order of January 5,11972 filed as to the ~~nj.~_ton _ Ci.Y~C!_h2_o_l~stem - copies served by counsel copy del. by attorney to J. Allgood

Bill o~ Costs by plainti f ~ intervenor n.E.A. filed as to the '1aco~ County Board o f Edu cation - CO'!) V serv e d b y counsel (Muscle Shoal~) ---------.....---- ----Costs taxed by the Clerk - bill mailed attorneys for defendants (Muscle Shoals) Jack Huddleston

Motion of United States for suoplemental relief as to the Tallade~! ~oun~~ Sc~ool __ ~~~tem filed - conies served by counsel -~

Transcript of proceedings before the Hon . Clarence W. Allgood on November 18, 1971 pertaining to 4!!_niston City SchQQL.S...)'.stem (2 volumes in triplicate)

Motion of plaintiff-Intervenor, NEA . , Inc. for expeditious oral hearing filed as to the Bibb County School System- copies served by counsel- del. to J. ~ynnE

Request by plaintiff-Intervenor, NEA, for production of documents by defendant Bibb County Board of Education filed - copies served by counsel

Annual report of Tarrant School Board pursuant to Order of Enforcement dated August 28, 1971, filed - copies served by counsel

Answer of the 9xf_o_~d_G._i_ty __ B_o!~_;:9 of _A~_cat~_n_ to information requested under Paragraph 9 of th