SOUTHERN DIVISI~ DOCKET 65 J'-t" n~ Stanley Pottinger

TITLE OF CAS jj~~i ~itJL~Ece A~:O:~EYci:e;;;on&~ LINDA STOUT, b; her father and next ~g~3~ngtorFJ,l'Pr~intiff: Oscar W.Adams.Jr I see ace. -pagh .friend, Blevin Stout. Plaintiff, :::ce1Yd~A\'irl' 'J'l ,tft . T~ermaR~Ama ~~, Jack GreenbetUNITED STATES OF AMERICA, by Nichola~ deB.Katzenbach,

: 10 Columbt:s Si"rc1e, New Yor.k.~Attorney Ceneral of the United States, Plaintiff-Intervenor ,~~4;'.//UH'''''___ 10019. , ~-L."''''&Yei:",U.S.Atty;VB. , -&._~.",.,.Asst.U.s.Atty-1 A.L8tt1more Gaston ,

Fred D.Gray -Gray,Seay & Langf]l!fFERSON COUN'lY BOARD OF EDUCATION; DR,l';ERMrT JOHNSON, f!ll~~~ter Ave.,Montgomery,AI~ as Superintendent of the Jefferson County Board of Education, C.R.BOT1~NFIElD, as President of the Jefferson County Board

of Education, GEORGE ROGERS, as Vice-President of the County Board of Education. ROBERT l. ELLIS, JR., O.G.GRESHAM, and MRS. ROBERT GWIN as members of the Jefferson County Board of Education, and their successors in office

Basis ofru;tion: Proceeding for preliminary and permanent i

'Jifor"fJiJendan!: Maurice Billliop . '3 ,i ,

Bishop & 1;Jitrlton~c." ~ /' " 327 Frank Nelson Bldg., B'ham,. J. Howard McEniry - McEniry, McEniry & MeEniry, 1720 4th! No Bessemer, Ala. 3502.0 fOl Pleasant Gn!ve &M1dfiel~

Robert Vance (for Vestl enjoining defendants from continuing their policy of discrimip:atin~

against plaintiff by operating a compulsory biracial school John W. Williams. 815 M~~sey

Jliry trial claimed by system in Jefferson County, Bldg., B'h"m' 35203 for:

19 Pl..AINTIFF'$ ACCOUN"'t RBCa'VEO DlsauRSED DATE

June .. Cash-oscar W.A.j~.s,.J~ 15' 00 JUNE 8 Cr. 1024U

1968 i 5 00Feb. 27 'Ck-Adams & Burg, , ii

'''eb. ~9 I rer 102},11 5 I.00 " Aug. 13 !Ck-Adams ,Burg & ".1+ 5100

IAug.lS I Cr 102411 5 00 ]

1969

Mar. 11 ;Ck.-Adaas,Bura &

. Baker- 5 00

:ar. 12 ;Jr 100969 I ,

! July 1 ;Ck -Gray ,Seay, Langfor. 5100

Pryor - - - - - - I' 250 ~O 05250,Paid Registry" 1

" 7 I&kp~ys,~e!y.~ngfgral

51 00 . Cr I c:8 0~

_________A_a_s_T_R_AC_T_O_F_cos_TS-,____ ,l I,? ~j 5.00

,

5

Bd.

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ICk.-Adams,Burg .. Baker-Cr 100869

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("ct.1 Ck ..'1c~niry

.~ 31-Ck. Adams ,Burg Baker

1>. I (" Receipt Notice of appeal

U' #95460

Aug .5 Cr 100869 5 ~

Pla:l.ntiff's cost bill from bd-er

DATE

,.1(12.:L~ tvILINGS-PROCEEOINGS I

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.. 4

.. 14,1

" 22

.. 2

D, C, llOA Rev. Civil Docket Continuation

DATE

,&'

Date OrdePROCEEDINGS ,Judgment 1ATTORNEYS OF RECORD

Oscar W. Adams, Jr. - Gray, Seay & Langford ADAMS, BAKER &. CLEMON :-ils;:;;? Dexter Avenue Suite 1600 - 2121 Building Montgomery, Ala. 46104 2121 Eightth Avenue, North Birmingham, Alabmma 35203

NonnA" (lltac1tki ...... Jack Greenberg, Drew Days & Mel Leventhal NAACP LEGAL DEFENSE &. EDUCATIONAL FUND Ten Columbus Circle - Suite 2030 New York, New York 10019

Wayman G. Sherrer I))nald B. Sweeney, RIVES & PETERSON

Jr.

United States Attorney 1700 Fin~~cial Center

200 - Federal Courthouse Birmingham, AL 35203

Birmingham, Alabama 35203 328-8141

".for Midfield City Schools & Frank M. Dunbaugh Horrewood City Schools . Deputy Assistant Attorney General Civil Rights Division United States Department of Justice

IIbnna J. ChachkinWashington, D. C. 20530 99 Hudson Street, 16th F1lr New York, NY 10013,Bishop -&-ear-~, Sweeney & Colvin 212 219-1900 '..~ Frank Nelson Building co counsel for plffsBirmingham, Alabama 35203 )

John F. DeBuys, Jr. 8/1/9~ (for Alex W. Newton Hare, Wynn, Newell &. Newton

William F. Murray, Jr. BURR &. forman 3100 SouthTrust Tower

pl~-intv iel/Ri

700 City Federal Building 420 N. 20th Street Birmingham, Alabama 35203 for petitioners, E. E. Raughley, et al

P.O. Box 830719 Birmingham, AL 35283

McEniry, McEniry & McEniry for: (205) 251-3000

Pleasant Grove, Midfield 1720 Fourth Ave., N. Bessemer 35020

Vance, Thompson & Brown for: Vestavia

Suite ~ 5-:/{)

Fr allk nelson Building .J::IT fJ .

Birmingham 35203 07,')43,.

C.A. C,S-39fi-South"',",1

D. C. I1DA. Rev. Civil Docket Continua-:;tl::;;nn~====~==c=====c=~~~============.~========r==,~~1971 = -DATE

Dec. 30 Ck. Palmer :\. Norris

Jar,,. 5 ') 1 :'l~" 1

PROCEE:DINGS

SlO.00

$10.00

Date Orde Judgment :t

Receipt if2~72(n !\lOCl"" 0' Appeal Cr. 100?C,9 ~l Ii'"'('f!"'l_

t-,T:-;t '1 ~B 0 f ,~rri'r.. U "", ",cd,!,'; -:,,1, 370

~ 100.11>99 Adams,Baker &Clemon Notice of appeal Re ooipt #5951 Or 100869

GY-. Jeff?T'son t;()~lnty ROA.rd of F.;lnC"l.t1,on (cost1'l)

Adams ,Baker & Cle 1IX)n

Ck#7583

Ck.-Bishop &Carlton

Sept.1) (~int 1~6' ~T(Yr.t

Nov.2

1973 Sep. 20

Sep. 26 1 9 7 5 July 21

July 23

,hlly 22

Jl.zl Y 23

Rec.#1060l Notice of appeal 5.00 Cr. 100869

Ck - Bishop, Sweeney Receipt *20574 Cr. 100869

Ck - Adams, n"ker Receipt #20586

Cr. 100869

2,11.1. tlO "

, 2,111.40"

5.00

5.00 5.00

5.00 5.00

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 4 of 55

D, C. lWA Rev. CivU Docket C

1966

30

judgments below and the r .. mand of each case for entry of the decree attached t the opinion this day entered - dated Mar.29, 1967 - " ". (

Mandate of the U.S.Court of Appeals for the Fifth Circuit r~versing the judgment" of this court, and remanding to the said District Court for further proceeding in accordance with the opinion ~f that Court filed - dated Mar.29, 1967 ~r. 17 (,I:. Decree amending .. no corrl!cting the deer".. of this court pntered herein on J .. ly 2

1965, pursuant to the manrlate of the United State~ Court of Appeals for the Fif Circuit, received in the offi"" of the Clerk of this ('ourt on March 30, 1967, ordering that the defendants, their agents, offic~~s, employees and successors all those in ..ctive t of rEcord on appcfll nailed Clerk, iT.S.Court of i':.;:>pea1.t:, Fifth Circllit., I:e\..~ Orleans, La ....

Copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit reversing and remanding to the district court for further proceedings in accordance with the opinion filed and entered (dated Dec.29, 1966) - in file C.A.65-366.

Certified copy of Opinion of the U.S.Court of Appeals for the Fifth Circuit dated December 29, 1966 filed -

Certified copy of the U. ~.Court of Appeals for the Fifth CircuIt dated March 29, 1967, on petitions faT rehearing en bane filed

Negro students requesting enrollment in predominantly white schools filed Notice of Motion and Motion of plaintiff-intervenor, United States. for order req

defendants to make additional assignments and reassignments of teachers to scho where their races is in the minority, so as to achieve substantial faculty dese egation for the 1967-68 school year etc. filed - copies served by counsel - set 10-6-67

Report of Dr I{,erml t A John, son, Supt, Jefferson County Schools. showi ng name, address grade and .chool of choice of students reque.ti ng tT'ansf,:,r and the number of st dents who did not exercise ch,,;ce etc; sh"wing faculty va"anc]!'" by sch

II

D. c. UnA Rev. Civil Docket Continuation C.A. 65 -396

Oct.

Date OroPROCEEDINGS : Judgment

to all attorneys of record that plaintiff-intervenor, the United States, w 11 the depositions on September 28, 1967, of Dr.Kermit Johnson at 1:30 P.M., a d

of Mr.Charles Vines, at 3:39 P.M., at Room A-400, Jefferson County Courthouse An ex, Birmingham, Ala.etc. filed - copies served by counsel ~ subpoenas issued and del to US

Depositions (2) of Dr.Kermit John"on and Charl~s Vines. taken at: instance of plai tiffintprvenor - The United States - fil~d

II 12 31 ot ion of defendants to dismiss this case fi led - taken with the case II 12 -~~bbjections of defendants to motion of plaintiff-intervenor "for further relief\' as

.' i to faculty integration filed - taken with the case II 12 ,Hearing before the Hon.Seybourn H.Lynne - motion of plaintiff-in~ervenor for fa0::t:

desegration - objections of defendants to said motion - introduction of testim ny by plaintiff-intervenor - !IIII!ti_~lIX~:ax,.~*-xi:~lIi WtiIx:tlblx~xxft:ax:t1lb""':H'x~-dai1y continuance - I

13 earing resumed - testimony by plaintiff-intervenor continued - motion of defendan~ to dismiss - taken under advisement and motions taken along with the case 2~' Mgtion of plaintiffs for an extension of time of 14 days within which to file II

J": proposed decree, and Order thereon granting filed (Lynne) - copies served by cohnsel Nov. 6;c' laintiff's proposed decree filed - copy served by counsel

1968 ' Jan. 5 Memorandum opinion of the Court on motion of plaintiff-intervenor, the U.S.A.,

joined by private plaintiffs, to modify the corrected decree entered herein on April 17, 1967, filed and entered (l,ynne) - copies mailed attorneys

II 5 ,Order in conformity with the memorandum opinion of the court contemporaneOUSlY,'

fUed herewl.th, denyj:ng motion fUed in beha If of plaintiffs to modify the

corrected decree entered herein on April 17, 1967, filed and entered (Lynne) _

copies mailed attorneys I

II 29?:>'~:-;otice of Appeal by United States of America, pl'li:1tiff-tntervenor, filed - certified

"j copies mailed &ttorneys ... i

Feb. 15 "s:!~TranSCr1Pt of proceedings on October 12, 1967 filed by Court Reporter Wester - I 20 Certified rpcord on appeal mailed Clerk,H.S.Court of Appeals,New Orleans,La.- l'"

II 26.'1 Notice of Appeal by plaintiffs filed - copies served by counsel - mailed to Clerk"t' U.S.Court of Appeals to be included in the certified record on appeal mailed 2 20-68.

" 26./, laintiffs' bond for costs on appeal ($250) filed June 4/ I,certified copy of Judpent of United States Court of Appeals issued as and for th~

mandate, together with copy of the Court's Opinion, reversing the Judament of i the U.ited States District Court in this cause, in accordance with the OpinionI of the United States Court of Appeals, filed and entered -(Brown,Chief Judge, : Dyer. Circuit Judge and Garza, District Judllll'-'-.>ated June 3. 1968

ff 20~Qj)rder pursuant to Opinton and Mandate entered by United States Court of Appeals , for the Fifth Circuit on June 3, 1968 reversing this Court's previous decision,

and that defendants submit to this Court a plan which provides fOr the complete desegregation of the faculties (including student teachers and substitute teachers) at each school in the Jefferaon COunty School System by the start of t the 1970-71 school year, and as a part of this Plan, defendants shall: 1. Submi to the Court by June 21, 1968 a report verified by the Board, showing by grade, race and school (a) what the Board has done to date in effecting faculty integration, (b) what the Board ia currently doing to effect faculty integratio , and (c) what the BOard's specific goals are with respect to faculty integration I for the 1968-69 school year; and (2) Submit to the Court by July 8,1968, by grafe, race and school, the number of teachers they expect to employ for (8) the 1969- 0 school year, and (b) 1970-71 school year; and setting for hearing on the facult desegregation Plan submitted by defendants at 10:00 a.m.,on July 23,1968,in United States Courtroom No.l,United States Courthouse and Post Office Bldg., Birmingham,Ala.,filed and entered (Lynne)- copies mailed attorneys

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 7 of 55

------------------------.".,..",,"""'-,'.",~.-'----"-"----.....-------------_..

DATE PROCEEDINGS /"", I Date Order or 1968 i ............ ............ ,)C. ~ .Judgment Noted

[ne 2I7~eports of J. Revis Hall, SuperIntendent , Jefferson County Board of Education as I I required by decree of April 17,1967 showing report tabulating by race th~ number

of choice applications received for enrollment in each grade in each school in : the system; report tabulating by race the number of transfer applications granee' and the number denied in each grade in each school; report stating reasons relie upon for the denial of any transfer requests, etc., filed _ 24~ Answer of the Jefferson County Board of Education, J. Revis Hall, Superintendent,

to the June 3, 1968 Decree of the U. S. Court of Appeals for the Fifth Circuit,

tion of plaintiff. for order requiring defeDdaat. to .Uba1t to a aew plan for th de.egreaatiOD of all Jaffer.on COUBty Board of Educetion School. filed - copie., .erved by couual tiOD of plaiutiff-intervenor, hited Stete. of "-rica, for full axchanaa of iuforMtiOD, with Propo.ed Order thereOD attached filed - copies .arved by c al

Illy 24 Hearing before the Ron.Seyilouru I.Lynne _ faculty de.egragation plan - tesU_ny of defeadants - cro....xaaduatiOD by plaintiffs and plaintiff- int.rvenor - so ion of defeDdant. to diead.s filed in open court aDd overruled - _tion of dafenda ts to dismias this case, and in the alteraative to abate .... filed in open court and overruled - continued to July 30, 1968, for argu.ent. of couneal

" Proposed Plan of the United Ststes for faculty desegregatiOD filed - copies serve by counsel .. 30 'Objectioua of platatiff to the Jefferson County Board of Education's plans for

faculty aad etaff "eesregat1on filed 30 Hearing resumed before the Hon.Seyilourn H.Lynne for argument. on faculty desegrea"

plan ~ ~ug. 2~ . Order on proposed accelerated faculty integregation filed by defendant Board, and

approving the schedule of tescher assignments in the proceas of faculty desesr sation for the forthcoming school year, notwithstanding there are 19 schools i the System which will operate with segregated facilities, and directing the Board to assign at least one teacher of each race to each school under its jurisdiction, provided, however, in the 19 schools located in rural areas the Board must carry the burden of demonstrating by convincing evidence that it is not feasible to integrate the faculties therein, such evidence to contain an analysis of the geographical area served by each of such schools and the locat on with reference thereto of the homes of the teachers employed therein, etc., a that there is no racial designation shown on the list of substitute teachers, the court being of the opinion and so holding thet since substitute teachers ss a general rule are employed in situations of sudden _rgency. the principe involved/rshould be allowed an unfettered letitude of chOice, and directing th Board to file a verified report herein on or before June 2, 1969, showing by grade, race aDd school the nUlllber of teachers actuelly employed during the school year 1968-1969, by grade, race and school the number of teachers it e cta to employ for the .chool year 1969-1970; by race aDd school the number of prin ipa1s and staff member. employed during the school year 1968-1969 and the number it expects to employ for the school year 1969-1970, and by grade, rsce and school the number of studeat teachers within the System in the school year 1968-1969, filed and entered (Lynne) - copies mailed attornlys

19. 9";:>NoUce of Appeal by plaintiffs from Orde}:'. of Ault.2, 1968 fUed - copies served by ounllel "

D, C. 11M Rev. Civil Dotkel Continuation C.A" 65-396-S Date Oro!:PROCEEDINGS Judgment 1

Oct. 145

..

Nov.

If 19

II 18

.. 28

Mar. 307

Motion of plaintiffs requesting an immediate decision or setting and hearing of motions for further relief seeking abandonment of the freedom of choice plan, and reports about such matters as new school construction, etc. filed - copies ..tt'-xat served by counsel port of Jefferson County Board of Education required by decree of Apr. 17, 1967

Aaendment to motion of plaintiffa for further relief regarding the adoption of a plan other tban freedom of cloiee in tbe matter of pupil desegregation filed copies served by counsel

4Decree ordering the filing of retorts of the Boards of Education showing present status of student desegregation in each school in esch school system etc., a school map showing the location of each school under the jurisdiction of said Boards and the location of each aite thereof etc., and with respect to special

iled

education classes an also with respect to the athletic program under the juris-, diction of said Boards etc., said three reports to be filed not later then Nov.~9, 1968, in each school case filed and entered (Lynne) - copies mailed attorneys :

Dec. 2 be Report of Jefferson County Board of Education pursuant to order of Nov.19, 1968 f~led .. 16 b Notice to the parties that plailttHfs wi 11 take the depOsition of Dr.J .Revis Hall

on Dec.23, 1968, at 9:00 A.M., at the Federal Courthouse, in Room 409 etc. , filed - copies served by counsel - subpoena issued and del.to plff's atty Mr.Be~g

" 17b!Notice to the defendant that plaintiff-intervenor will take the deposition of I J.Revis Hall, Supt.of Education, Jeff.Co.Ala., on Dec.23, 1968, at 9:00 A.M. in Room 409, Federal Courthouse etc. filed - copy served by counsel - subpoena

1969 issued and del.to Mr.Acton Jan:-l5,p:,Deposition of Dr.J.Revls Hall (with exhihits attached) taken at instance

of plaintiffs filed 21 otice of setting of all pending motions for full hearing on Feb. 17, 1969, at" 10 A.M. (Judge Lynne) _11ed attoraay. bf record

.. 21~~ Motion of plaintiffs requesting a setting of pending aotiona etc. filed (in C.A.96~8) copies aerved by counsel !

Fb. lzbSMotion of plaintiff-intervenor. United of America. for supplemental relief, for order enjoining defendants from taking any action in furtherance of school construction projects, except upon a showing by the defendants that such construction will assist in disestablishing the dual school system, and to adopt and implement a plan of pupil assignments, based on criteria other than freedom of choice, designed to fully desegregate the Jefferson COUftty School ,

, system commencing with the 1969-70 school year etc. filed - copies served by co~nsel Feb. 17~otlon of defendants to dismisS filed - copies served by counsel

l7Hearing before the Hon.Seybourn H. LYBneEon itng!ntiemoMolfs to abUahffrUdrn of i ! choicE' plan and to enjl>in"further s~nobjeconsti!uct'onepr~jegn ltce /~n1n'roduetir'n

of plaintiffs' testimony - introduction of plaintiff-intervenors testimony daily adjournment - ,

Hearing resumed - intervenor's testimony continued - introduction of defendants' ' testimony - cont.to Feb.27, 1969 at 10 A.M. for .~gument of counsel

Hearing resumed after hearing of Bessemer case, for argument of counsel herein taken under advisement

Report of William T.Clark, Supt.of Board of Education of Bessemer, Ala., attachin copies of a letter sent to the radio, television and news media, together with

, copy of letter to parents enclosing choice forms etc. filed .. 71.t:'jMemorandum Opinion of the Hon.Seybourn H.Lynne filed and entered - copies mailed ~ttorne).. 7&f Order Judgment in conformity with the memorandum opinion of the court contemporanjOUS1Y

filed herewith, overruling and denying defendants' motion to dismiss on the gro nd that the single named plaintiff, Linda Stout, who purports to represent a class is no longer a pupil in a public school operated by the defendants, and (avel

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 9 of 55

PATE I PROCEEDINGS / Date Order or ",1:..9,::.6;:.9::-_ Order of March 7th, 1969 continued: ............ i-C:'::"'+');::'-!:."'O;',,"'

D, C. llOA Rev. Civil Ducket Continuation C.A.65-396-S

.JOO!~: ?~ ""0< ..,,~;;;- '0 ~"" ......,. of '''':::~:~'''''H C " of ",..", f~

5

I

, u !itt .._illItl

Date Order orPROCEEDINGSnf9TE Judgment Noted filed on behalf of plaintiff are hereby overruled and denied; and that the motion of the Jefferson County Board of Education to dismiss this cause is treated and considererd as a petition for summary judgment and the court hereby finds and declares that the plan filed by the Jefferson County Board of Education d..s ~diately disailtahlish the dual system and does iamediately , establish a unitary system in Jefferson County, and retaining jurisdiction in this case for the limited and restricted purpose of supervising the adainistratlon of the plan of the County Board as filed and herein and hereby approved; and. denying petitions for intervention filed in this cause on behalf of David Borel 0, et al and that prior order. entered in this causa to the extent consistent with the new plan filed by the County Board and herein a~roved are to remain in effect, and requiring tbe County School Board to report to this COurt, vith copy to tbe parties, any changes in zone boundaries made pursuant to Chapter IV, Part D,(P.19), of the County School Board plan, filed and entered (Allgood)-copies mailed attorneys

.. 6/0 Notice of APpeal by plaintiffs from order o~ August 5, 1969,filed-certified copie mailed Clerk,U.S.Court of APpeals

.. 7, aOrder, dated August 5, 1969, that pursuant to the mandate of the Fifth Circuit ~ Court of Appeals, issued June 26, 1969, and in accordance with the decision of , that Court rendered tn that date in United States of America v. Jefferson Count

Board of Education, No,27444, and United States of America v. Board of Educatio of the City of Bessemer, No. 27445, there is attached hereto, transmitted and filed with the Clerk of the United States Court of Appeals for the Fifth Circui , the following: (1) copy of the findings, conclusions and order entered in this case, together vith copies of desegregation plans filed by the Jefferson County Board of Education on August 1,1969, and by the Bessemer Board of Education on August 4, 1969,(the time for filing having been extended to that date.);(2)copi s of all NOtions and objections filed in this cause in the United States District Court relative to the hearing of the aforesaid plans,as follows:(a)JefferBon County Board of Education plan - I.Petition for intervention filed on behalf of, David Borello,etc.,et al.,by Ralph E.Cole.an,Eaq.,; it being note. that petitio' filed On behalf of parents of Pleasant Grove by John Schmarkey,Esq.,was made orally. and that both petitions have been denied; 2.0bjections or suggestions filed On August 5, 1969, by the United States Department of Justice: sad tbat by way of further response to the mandate, it is reported to the Court tbat the record in this cause made in the United States District Court consists of the following: (1) Copy of Orders of United States District Court entered in this case on June 27, 1969, in response to the qandate of the Fifth Circuit issued June 26, 1969; (2) The integration plan filed by the Jefferson County Board of Education together with Appendices 1 - 6, Exhibit 1; (3) Desegregation plans filed by the Office of Education,United States Department of Health,Education and Welfare, Exhibit 2; (4) petition for intervention filed on behalf of David Borello,etc.,et al.; (5) Plaintiffs' objections to the plan filed August 4, 196,; (6) Department of Justice's suggestions or objections filed August 5, 1969; : (7) Opinion of this Court, findings of fact,conclusions of law and, by separate, document, the order entered in this csse(No.65-396); (8)The temporary plan file4 by the City of Bessemer School Board; (9) Temporary plan filed by the Office of l Education, United States Department of Health,Education and welfare; (lO)Objections to the plan of the Bessemer School Board filed by plaintiffs; (11) Plan filed on behalf of the indiVidual plaintiffs, and tbat this plan was not timely filed and no evidence was introduced in support thereof; (12) Opinion of this Court,including findings of fact and conclusions of law and, by separste

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 12 of 55

1969

,

D. c. 110A Rev. Civil Docket Continuation CA 65-396-8 Date OrdDATE PROCEEDINGS Judgment:

--=-'-'---- --~--------------------------------I~

" lSICijMOtion of plaintiffs for further relief, fUed - copies served by counsel " 26/O"/ObjecUons and anlWer of defendant, Jefferson County Board of EducaUon to Motion'

of Plaintiffs for further Relief, fUed - copy served by counsel-Sept. 2 IC~Motion of plaintiff for preliminary injunction to enjoin defendants from arbitral' ly

, removtng black high school principals from their present positions and arbitrar'ly

.. 3/n Order upon consideration of the motions of the United States for show cause order, etc. lib requiring the defendant school bosrd to file a report with this Court on or befo e

: Oct.20, 1969, containing the informstion required to be file within 15 day. afte the opening of school under this court's order of Apr.17, 1967 as modified by order of Aug.5, 1969, snd ordering the defendants to answer, on or before Oct.2

Aug. 7 (cont'd)-

Aug. IWAug. 8

It 11

It

" l~

n 2

5"

" 10 .. 17

n 29 .. 3Oct. 3

assigning black teachers to almost inaccessible schools filed - copies served by counsel

Motion of plaintiff for further relief to reinstate any and all black principals transferred since Aug.IO, l~ to their former positions etc. filed - copies served by counsel

Motion of Jefferson COunty Board of Education relating to "Forced School Iutegration Plan" fUed Aug.l, 1969 - Woodward J_ior High School and Pleasant GrO'l1e School filed -copies served by counsel Superint4Qdent

Interrogatories of the united States of America, to Dr.J.Revis Hall'/~efferso COunty Board of Education filed - copy served by counsel

Interrogatories of plaintiff to Dr.J.Revis Hal\, Superintendent of Jefferaon County Schools, filed - copies served by counsel

Transcript of proceedinga before Judge Allgood on Aug.4, 1969 filed by Court MotmoS--hie@itll1iStates fqr j>roduetion filed - for orderMotion of the United States, p181ntifl:-intervenor herein,/requiring defendants

to show csuse, if any they have, why they should not be adjudged in contempt of court for failure to file reports to the Court required by the courtls order of Apr.17, 1967 snd Aug.5, 1969, etc. filed - copies served by counsel

document, the order entered in Case No.6S-366; (13) The transcript of the testimony in this cause which was taken on August 4, 1969. and which obviously could not be transcribed in time to trans.it with this report, filed and entere n&Atl~~is OD Appeal (~250.oo) filed Certified record Oft appeal from Order denying Motion of Alabama State Teachers Association.Inc.,for leave to intervene, mailed Clerk,U.S.Court of Appeals, New Orleans, La.

Certified record on appeal including the District Court's Report to the Court of Appeals as directed in Opinion of June 26, 1969, mailed Clerk,U.S.COurt of Appeals, New Orleans, La.

tice to defendants that plaintiffs will take the deposition of Revh Hall, Superintendent of Jefferson COunty Schoole, in the offices of Mama and BIker, Room 725, 1630 4th Avenue, North, Birmingham, on Thursday, August 14. 1969, at 10:00 A.M. filed - copy served by counsel

tion of Jefferson County Board of Education to quash subpoena issued to Dr.Revis Hall,Superintendent of Jefferson County Board of Education, and to strike the Notice of Taking ssid Deposition, filed - copy served by counsel

1969, the interrogatories filed and served by the United States on Sept.lO, 196 , the Court reserving ruling on the remaining aspects of the motions of the United States filed Oct.3, 1969, until some time sftel' the defendant sehool board files the report and answers to interrogatories as called for by this order - copy of the motions and affidavits filed by the Government on Oct.3, 1969, were served on counsel for the school bosrd at 8;20 A.M. in Birmingham, Ala., and counsel fa the school board reserves and is given the right to file any appropriate respons ve pleadings, this order being entered without prejudice to that right, filed and entered -(Lyn~) - copies maned attorneys

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 13 of 55

-~ .. ~_._t&'6"'__ 1":1 i ___________________ _ ___________________

970

/

/' I Date Order orDATE PROCEEDINGS (.., !'~.... : Judgment Noted

-"'-

D, C.110ARev, CivllDocketConUnuat1on CA 6S ... 396-S If) Date OroDATE PROCli:EDI~G8 Judgment

1 97Q ~.~~~._._~~.___..~_.___~_.____._~_ -------~-----I--~ Feb. 2 Cont'di ' adminietration of the plan of the County Board, ae amended, as filed herein and

hereby approved filed and entered (Lynne) - copies ..tIed attorneys / .. 3 I Motion of the City Board of Education of Pleasant Grove for leave to intervene

Feb. l.

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t as defendant with Notice of motion attached filed - Defense in Intervention attached - copies served by counsel 2/24/70 Granted (Lynne) : Interrogatories of plaintiff propounded to J. Revis Hall, Superintendent of

Jefferson County Schools, filed - copies served by counsel Notice of appeal from the Order approving the plan of school desegregation filed

herein on January 30, 1970. and entered in this action on February 2, 1970 filed - certified copies mailed to Clerk, U. S. Court of Appeals, New Orlean LouiSiana, and to counsel for defendants

Bond for costs on appeal, filed DeSignation of the Contents of the Record on appeal. filed by plaintiffs - appel~

Iants - copies mailed attorneys Motion of plaintiffs for emergency relief filed - copy served by counsel Interrogatories of plaintiff-intervenor propounded to defendant J. Revis Hall

Superintendent of the Jefferson County Schools filed - copies served by counsel

Motion of the United States. plaintiff-intervenor, to amend and alter the court's opinion and order of February 2. 1970 filed - copies served by I counsel

" 1~f0coPY of Order filed in the U. S. Court of Appeals, Fifth Circuit on February 12 '

: 1970. in this action and 65-366 on appeals from this court ordering that ' I

I this Court transmit immediately the original record of those portions which

: are reasonably pertinent to these appeals. and that each pa1lO" shall withinI 10 days file a memorandum brief in four copies. one copy to the Clerk and

one copy to each of the judges at their respective home stationa. the briefs , to discuss the substantive issues presented for resolution and requesting th~ i U. S. Attorney General to file a brief amicus with replEs and rejoinder bri~fs , to be promptly filed after the filing of the ..in briefs, filed (Thornberry, I

Clark and Ingraham, Circuit Judges) i " 13 Certified record on appeal mailed to the U. S. Court of Appeals, New Orleans i" 13,J/ Notice that plaintiffs will take the deposition of Dr. William F. Dodson, Assistbnt

'I' ISuperintendent of the Jefferson County School, st 1:30 p.m. on February 16, 1970, in the offices of Adams, Baker &Clemon, 1630 4th Avenue, North, I

I Birmingham, Alabama, filed - copy served by counsel ' Notice that plaintiffs will take the deposition of Mr. Charles C. Vines, .

Assistant Superintendent of Jefferson County Schools at 3:30 p.m. on February 16, 1970 in the office of Adams, Baker & Clemon at 1630 4th Avenue, North, Birmingham, filed - copy served by counsel

Notice that plaintiffs will take the deposition of J. Revis Hall, Superintendent of Jefferson County Schools at 9:00 a.m. on February 17, 1970 at the offices of Adams, Baker &Clemon at 1630 4th Avenue. North, Birmingham, filed copy served by counsel

Notice to defendants and plaintiff that intervenor will take the depositions of the following persons at the office of the Superintendent of Jefferson Count Schools, Room 417 CourtboWle Annex, Binlinghaa: Eddie J. Pruden, Principal.

i Minor High School at 10:00 a .m., on Februsry 21, 1970 and teo Willialllll, . Princ1psl. Welt Jefferson High School at 10:30 a.m. on February 21, 1970, I filed - cppies served by counsel

.. 261~t:; Motion of the Jefferson County Board of Education (School Board) for emergency I - relief and for amendment of the plan filed January 30, 1970, filed - Order

thereon setting aame for hearing at 9:00 A.M. Tuesday, February 1~~910-copies served by counsel (over)

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 15 of 55

11

tJ7tJTE eb. 27

ar. 9/ " 9.. 9 " 9

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J DAte Order orPROCEEDINGS Judgment Noted

Evidentiary Rearins before the Bon. Seybourn R. Lynne - testimony on motion of defendant, Jefferson County Board of Education for emergency relief and for amendment of plan - amended motion for emergency relief by defendant Jefferson County Board of Education filed in open court - testimony on individual . plaintiff'. motion for preliminary injunction to enjoin defendants from removing black high school principals, and further relief to reinatate those principals transferred - testimony on intervening plaintiffs' motion to smen and alter court'. opinion and order - Court grants City BOard of Education 0 Pleasant Grove to intervene as defendant - testimony on individual plaintiff motion regardins Pleasant Grove school system affecting the Jefferson County deaesregstion plan taken under advisement - written order to be entered (Exhibits and trial sheet of hearing held on February 21', 1970 placed in lII8nil envelope with file)

,

~ Deposition of Charles Vines, taken on behalf of plaintiffs, filed Deposition of Eddie J. Pruden, taken on behalf of plaintiff-intervenor, filed Deposition of Dr. James Revis Hall, taken on behalf of plaintiffs, filed DepOSition of Leo H. Williams, taken on behalf of plaintiff-intervenor, filed Deposition of William F. Dodson, taken on behalf of plaintiffs, filed Opinion of tbe Bon. Seybourn H. Lynne, dated April 30, 1970, filed and entered

copies ..iled attorneya ~Order Judament, dated April 30, 1970, after evidentiary hearing on the separste

motion. of the individual plaintiff and the County Board of Education of Jeffer.on County, Alahe.., and in accordance with the Opinion of this Court, by ae,.rate document thie date rendered and filed; 1. granting the motion of the County Board for emergency relief, as amended, and approving as to each zone named and in.ofar a. the motion of the individual plaintiff is concerned the County Board plan proposed, and the Court approves, re-opening Woodward School to accommodate atudents in Grades 1 - 7 residing in the zone described insofar as the motion of the individual plaintiff is concerned relating to th Sprinadale area, it proposes that all students residing in said zone, Gradea 1-6, attend the Ketona School buildina, and all students residing in said zone, Grades 7-9, attend the Springdale Junior High School building, granting said motion, to that extent, but deferring the attendance until Sept. 1, 1970 in order that the County Board can complete required construction and renovation; 2. instructinl the Office of Education of the U. S. Department of Healt , Educ.tion .nd Welf.re to restudy the integration pl.n affectins the County School System in rel.tion to f.cilitiea presently available and projected, and to file its report covering such study with this Court on or before May IS, 1970; 3. directin, the County Board to fumilh HEW any information and records requested, etc.; 4. by .eparate order, this Court to designate and appoint a biracial ca.mittee to be composed of theae~ White and three Negro parents with student. attending .chool in the County System, etc. and requeating the bi-racial ca.aittee to .ubmit itl report to this Court on or before May 29, 1970; 5. that any party may file objections and exceptions to any report or plan of HEW not later than June 8, 1970 and setting a full evidentiary hearing on said plans, objections and exceptions for June 29, 1970. at 9:00 ; 6. and lrequesting that HEW and all partiea furnish to and serve upon the other not 1e88 than 35 copies of .ny and all reports .nd ple.dinga filed and the County Board is further directed at the request of the bi-racial committee. to prepare not lea. than 35 copies of any report filed by it with this Court. and directing the County Bo.rd and HEW officials to confer with the bi-racial committee, .t the request of said committee, exc pt that such conference shall be only between officials of theCounty Board or H without interference with or p.rticip.tion by .ttorn~s of .ny psriie' and s h conference shall be for the purpose of furnishing information or .ecord. req sted by said bi-raci.l committee filed and entered (Lynne) - copie. mailed attorne s

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 16 of 55

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Da.w Order- DATE PROCEEDINGS JUdgment N

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SOUTHERN DIVISION CA 65-396D. O. l1().A Rev. OlvU Docket Continuation

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Further study of the desegregation plan for the Jefferson County School Distrl t. Birmingham, Alahau. submitted by the U. S. Office of Education, Equal Educational Opportunities, filed - copies served by counsel

Notice of Appeal by plaintiffs from the order of this Court entered in this action on May 5, 1970, filed - certified copies mailed to Court of Appeals at New Orleans and to attorneys for defendanteand intervenors

Bond for costs on appeal ($250.00) filed 5(" Orur, elate4., 22, 1970, purauant to the oder ntered hereb. oa April 30,

1970, QOtituti., a Bi-racial Adviaory Ca..ittee co.po.e4 of: Mr Walter Aladerao 3168 Star Lake Drive. Bimi.q.a 35226; W. A. LeCroy, Sr 629 Kn_d Terrace, Blmi.q.a 35214; Mra. Bnry G. Willia... UD #1, Box 138, 1ft. Olive. Alalll_ 35117; Mr. Beuie Aderao 267 Pi.e Street, Hul... Ala.._ 35118, H. L. Foni.., Foni.. Prl1ltin, eo.pa.,., 1421 lIorth 4th

Aveaue, I1raiqll.ua 35203; Edwrd Scott, bute 3, lox 23 Adaasville.

Ala.... 35005; aad ....dl.' p.raer.ph 4 of the April 30 order to .~titute

for the aU ''MIy 29, 1970" tile ate Juae 1S. 1970, aa4 reque.tia, the ......

.. 8/b! 01>jeetio.. of Jeffenon Cotmty Board of Educati_ to II!W plaa filed JURe S. 1970 ; copiea served Ity coUftlel

8 Exceptions aad o.jection. hy plaintiff. to tbe plan of a.'ti&e~tl"78iled by th" n. S. Depart_nt of Health, IducatiOl aad Welfarel liIell - 'oPte' a.rved by cOUllsel

----8-1'--!,.'H't.twIt~I.M PIK.f.4I.I. , mi.' ..... I'.,......fa........, ".' .......wll, M , ..~ *111...

.."P'N ......~ I 11 Transcript of proceedings held on February 27. 1970, before the Ron. SeybournI' "

H. Lynne, Birmingham, Alabama, filed .. IS~' Transcript of proceedinga filed on June 11. 1970, mailed by certified mail to

Clerk, U. S. Court of Appeals, New Orleans, La. - copies of letter of transmittal to attorneys

.. IS ~Notice that plaintiff-interveaor, Daited Statea of Americ., will take the , deposltion of Dr. J. levis BIll, Superintendent, Jeffer.on County BOIrd of

Education. at 9:00 a.m. on Saturday, June 20, 1970, at tbe office of tbe Jefferson County Board of Educatioe, Fourth Floor, Court Bouse Annex, Biraing1lam, filed - copies .erved .y counsel

(over)

of tbe foresoi., cOlllittee to coafer at their earlie.t cowvetiesce with Dr. B.evia HIll, Superiatudeat of lUucat10. of Jefferaoa Countyirat...., aad to o.taia fro. hi. copiea of all plaa. a.d report. referred to ia para,raph 4 of eaid order, filed aa4 entered (Lynae) - QOpies _iled to ..ch coa-itte_a aad Dr. Ball

Certified record oa .pp..l ..Ued to the U. S. Court of AppealB, New Or I .... copiea of tra.aaittal letter aad docket eatrie...iled attorneya

7 Heaoraad_ of Law for the UIIited Stat.. reprdLa, tile creatioa of aeparate acltoo 4iatricta for the cities of Pleasaat Grove, Boaevoo4, aad Yestavia Billa, filed - copies .erved .Y cOUllsel

Motioa of the URited State.. plai.tiff-interveaor to add parties defeadaat .nd for a. order to abow caUle filed - copi.. served by cOUIII.l (La 110_04 City School Syatea)

Motion of the URited State., plai.tiff-intervenor to add parties def.adaat (ia Ye.tavta Bills City Scbool S,.tea) aad for a. order to show cause filed - copie. ..rved .y counsel

Motioa of tbe United Statea, platntiff-iatervenor to require the Plea.ant Grove , Board of Education to show cau.e filed - copiea served by cOUlla.l

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 17 of 55

DATE 1970 June 16

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(6 0&tf' Order orPROOEEDINOS .,.

,;.-:c.J JUdgment Not.elI0-NoUce tbat-j>lainITrf-intervenor, United Stai:esC-::oCMotion of plaintiff for production, inspection, copying and photographing of documents filed - Order thereon Granting. To be produced between 11

/feZ An"":rndot ie'fte~:0:~wue:;.e8.f!tJid {,'f'\.l~.A~ t~,:~e'ption. and obi,!:.tions to EVldenti8ry Hearinl before m'Hon. Seybourn H. Lynne en June 29, 1970

teati.ony of intervening plaintiff - introduction of plaintiffs' testu.on introduction of defendants' teati.ony - daily adjournment -

Rearinl continued June 30, 1970 - defendants' testi.ony continued - daily adjournment

Rearing res_d July I, 1970 - argument of counsel - taken under .ubais.ion 61Deposition of Jack Oti. Grace, taken on behalf of plaintiff-intervenor, filed

Deposition of Bobert H. Guillot. taken on behalf of plaintiff-intervenor, filed (exhibit. attached)

Order, upon full consideration of the evidence adduced at the evidentiary heari on June 29 and June 30, permanently enjoining defendants from failing to provide equsl educational opportunity to all students residing in the Homewood system without regsrd to race and to take affirmative steps to eliminate all vestiges of the dual system based on race with respect to student aS8i~t, faculties, etc.; permanently enjOining defendants from granting transfers to students living outside of the city limits of Homewo for attendance into the system except as provided under the majority to minority transfer prOVisions listed and except for students attending class s being conducted for Aphasoid or retarded children; that defendants shall, for the school year beginning September, 1970, employ 18 black faculty and staff members and shall fill each available te~her or staff vacancy with a member of the Negro race until the percentage of Negro faculty and staff

~ers within the system attains 25% of the total number of faculty and ataff in the entire system and ahall further achieve the 2Sl ratio by the beginning of the fsll aemester, 1971; that defendants shall perait a stude t attending a school in the described territory in which his race is in the majority to choose to sttend snother school in Homewood ~ere space i. available and where his race is in a ainority, snd the IIomew~)od system sha 1 be entitled to receive a tuition charge paid by the system from which such student transfers to be computed in the same manner as the charge between Homewood and the Jefferson County Board of Education for Homewood studenta attending Shades Valley Higb School; and further ordering that juri.dicti of this severed cause shall be retained for the purpose of ..suring impl tation by defendants of the foregOing provisions filed and entered (Lynne) ~Motion of the United States, Plaintiff-Intervenor, for supplemental relief with

regard to school system of the City of Pleasant Grove, with notice to part es of hearing on said motion on July 23, 1970 at 9:00 a.m. attached, filed copies served by!bunsel City of Pleasa

Further Hearing before the Hon. Seybourn H. Lynne - answer of the/Board of Educa to the motion of the United States for an order to ahow cause filed motion of Defendant-Intervenor, Board of Education of the City of Pleasant Grove to strike the affidavit of Jerry R. Brader filed - snswer of defends intervenor to motion for supplemental relief by plaintiff-intervenor filed

30rder, on motion of the United States, the Court, being advised by the parties that there was no objection thereto. modifying the order of JUly 13. 1970 to include the follOWing provisions: That the Bosrd of Education of the Ci of Homewood on October I and February 15 for each year until the Court aha direct otherwise. shall file with the Court and serve on the psrties the

Plan f1

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 18 of 55

D.O, 110A Rev. Cl'vll Docket Contlnuatlon SOUTHERN DIVISION CA 65-396 Date arde

Judgment}

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July 31

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the information described in attachment "A" filed and entered (Lynne) copies mailed attorneys

1'/Order, on _tion of the United States of AlIII!rica, plaintiff-intervenor, adding the Vestavia Hills City Board of Education and its members, Guy H. Caffey, Jr., Douglas P. Corretti, Bill L. Harbert, Bill C. Htll and Mrs. Sara W. Wuska as parties defendant herein,and ordering that a aeparate trial of the issue. relating to the Vestavia Hills Board of Education be had, and upon full consideration of the evidence adduced on July 23rd, permanently enjoining the Vestavia Hills Board of Education and members from failing to provide equal educational opportunity to all students residing in that system without regard to race, etc. and further ordering that this severed cause be retained for the purpose of assuring implementation by defendants of the foregoing provisions filed and entered (Lynne) - copies mailed attorneys

Findings of Fact, Conclusions of Law and Final Order of the Bon. Seybourn H. Lynn that the plan filed by HEW on May 15, 1970 is approved except a8 modified by objections of the County Bosrd which are accepted and approved in this order approving the organization and implementation of the Pleasant Grove School Syst subject to and conditioned upon the Pleasant Grove School System accepting a minimum of 50 black students for the School year commencing September 1, 1~'0 who reside within an area of 2 miles of the fleaBant Grove School and accepting a maximum of 300 black students for the school year commencing September 1, 197 directing that The Board of Education of Jefferson County,A1abama, and its officers, etc. shall henceforth operate .. a unitary school system as described 1n this order, etc.; that the assignment of students, faculty and staff in accorda with said plan shall be effective for the school year beginning September I, 1970 and thereafter; continuing the bi-racial committee, constituted by order entered herein on May 22, 1970, for the school year commenCing September, 1970; provided however that Rev. O. V. Portor, 605 Main St. Warrior, Alabama, is appointed a member thereof, vice, Mr. M. L. Forniss, whos~ resignation is hereb accepted, and directing the members of such committee~ei mutually convenient date before the opening of schools in September, 1970, and from time to time thereafter as the need may arise; and directing defendant Board to create a bi-racial committee, consisting of three parents of pupils attending schools, in each of the zones approved by this order and it shall be the function of such three-member committees to communicate to the defendant Board, through the six-member bi-racial committee, their observations relating to the operation of the unitary school system hereby established; and directing the County Board of Education on November 1, 1970 to file in the Office of the Clerk of this Court a report eputaining the information specified in Appendix B to this order concerning students, faculty, transfers, attendance outside system of residence and construction, and theCourt to retain jurisdiction to review the progress of desegregation filed and entered - copies mailed attorneys

Notic. of plaintiff of appeal from order entered July 30, 1970 - filed - certifi.d eopies mailed to Clerk, U. S. Court of Appeals, New Orleans, La. and to attor for defendants

Bond for costs on appeal ($250.00) - filed Aug. 1~7~Certifi.d copy of order of the U. S. Court of Appals for the Fifth Circuit

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granting .pp.ll aotion to di-.1 this appe.l dat.d August 7, 1970, filed (BefOre Thornberry, CI.rk .nd Insra"a, Circuit Judlel)

Certified record on appeal (without transcript and exhibits) mailed to Clerk, U. S. Court of Appeals, New Orleans, La. - copies of dock.t entries with letter of transmittal mailed to attorneys

(over)

ce

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Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 19 of 55

970

/t /09';:;"=~.~~~p.~===-=...==~== = ~== " DATU PROCEEDINGS /J I Da.~ Order or

'/ JUdgmen' No""" .." _...._~__~_ ..._ ..~_"._. . . .. ..-LC>.- ... --__

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" 31 Ir.~order modififying the order entered herein on July 23, 1970 ra18ting to the Boar4 of Education for the City of Vestavia Hills flIed and entered (Allgood) order dated August 28, 1970

Sept. l,g3 Certificate of Service by Robert S. Vance, Attorney for the Beard of Education

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Nov. 2 L971 reb. 12

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71 Notice of appal by the Unit... St.te. of Alleric. of tbatpart of the Order is.ued on July 30, 1970. pert.ininl to the Pl....nt Grove School By.tea. , .nd tbat part of the Order pertaining to the Jeffer.on County School sy.tel necea..rily affected by the PI....nt Grove provision. filed - certifi... copi.. _Ued to U. S Court of Appeals and to counsel

Transcript of proceeding. before the Bon. Seybourn H. Lynne on June 29 - 30, 1970 filed - (2 volumes) I

I Transcript of proceeding. before the Bon. Seybourn H. Lynne on July 23, 1970 . fil... I

Additional record on appal,conai.ting of transcript of proceeding. on June 29-~O and July 23, 1970, with exhibit. and the Notice of Appeal by th. United J Stat. of ...rica...n.d to New Orleana - copy of tranamttal letter _n8

1971

D. Co 11M Rev. Civil Docket Continuation SOUTHERN DIVISION ======CA==6=5=-=3=96======#,1I4~=======c====. Date OrderDAn PROCEEDt.~GS I: Judgment Nt

July 1 qp Motion of plaintiff for pretCit=mi=n::a=r=y:-7i=nCij=un=c=ti:'i'o=n=:--Ca=n=a""-'aTe:Cc:"lr.a:':r"'a"t"'o::-:r::y::-:r::::e"'l"i"'e"f,.-:cwt:7-.:e"'h:--'

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Aug.

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regard to transfer of properties by the Jefferson County Board of Education to the City of Midfield filed - copies served by counsel - del. to Judge Brooms

21 I') Certified copy of the order-opinion of the U. S. Court of Appeals issued as

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and for the mandate July 16, 1971 as to the Board of Education for the City of Pleasant Grove, vacating the order of the district court under revi w and remanding cause with direction to implement fully the uniform provisio s of decision in Singleton as relate to desegregation of faculty. staff. etc and to require filing of semi-annual reports, etc. filed (original and supplemental records, together with envelope of exhibits returned)

Order setting a hearing on the desegregation plans filed by the Boards of Education on August 6, 1971, and on the objections thereto filed on August 12, 1971, as to the Jefferson County Board of Education, Pleasant Grove Board of Education, Homewood Board of Education, Vestavia Hilla Board ' of Education and the Midfield Board of Education, before Judge Sam C. lPOinter, Jr. at 9 a.m. on August 16, 1971 filed and entered (Lynne) em

Order, pursuant to the mandate of the U. S. Court of Appeals, that the Boards of Education for Jefferson County, Pleasa~t Grove, Homewood, Vestavia Hills ,nd Midfield collaborate in preparing a uniform desegregation plan, said planto be filed no later than August 6, 1971 and all parties to submit objections by August 12, 1971; and on each September 30 and January 30 the said Boards' are directed to file reports filed and entered (Lynne) cm by U. S. Attorney

Order of July 22, 1971, returned executed July 26, 1971 on City of HomeWOOd; on Jij1y 23, 1971 on Jefferson County; Vestavia Hills; Pleasant ~rove and City of Midfield, and filed

Cost bill of plaintiff filed - copy served by counsel Plan of desegregation by the Board of Education of the City of Homewood filed

copies served by counsel - copy sent to J. Pointer Plan submitted by,the Board of Education for the City_ of Vestavta__Hills in

accordance with thisCourt's order of Jui, 22, 1971 for incorporation into the Jefferson County Plan filed August 4, 1971 - copy sent to J. Pointer

Plan of desegrer,atior for the City of Midfield pursuant to the order of this Court entered on July 22, 1971 filed - copy sentto J. Pointer

Plan of desegregation for the City of Pleasant Grove filed - copy sent to J. Poi Jefferson County School Plan filed - copy sent to J. Pointer l~; Objections by plaintiffs to the desegregation plan submitted by the City of

Vestavia Hills filed - copies served by counsel 11 Costs taxed by the Clerk - bill mailed attorneys for defendants 12';1../!) Plan and memorandum of the \Jefferson County School Board (2nd part) filed 12

12

12

12

13,2/

copy del. to J. Pointer Objections by plaintiffs to the desegregation plan submitted by the City of

Pleasant Grove filed - copies served by counsel copy del. to J. Pointer Objections by plaintiffs to the desegregation plan submitted by the City of

Midfield filed - copies served by counsel copy del. to J. Pointer Objections by plaintiffS to the desegregation plan submitted by the City of

Homewood filed - copies served by counsel copy del. to J. Pointer Objections by plaintiffs to the plan of organization filed by the Jefferson

County School Board on August 9, 1971 filed - copies served by counsel copy del. to J. Pointer

'Motion of plaintiffs for order joining George Corley Wallace, individually and as Governor of the State of Alabama, a. a party defendant, filed copies served by counsel - copy del. to J. Pointer

(over)

ter

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 21 of 55

DATE I PROCEEDINGS / /\ ~ : J::~:-O~~ 1971 L~ lug. l3i'C:>MOtiOn of plaintiffs for preliminary and permanent injunction filed .~op:.l:es--i----

served by counsel Notice of MOtion attsched copy del. to J. Pointef If 13 Revised objections by plaintiffs to the plan of organization filed by the

, Jefferson County School Board on August 9, 1971 filed - copies served by I counsel - copy del. to J. Pointer

13 J.il. Response of the United States to the desegregation plans filed by the defendants" I filed - copies served by counsel - copy del. to J. Pointer It 16 1& hearing before the Hon. Sam C. Pointer, Jr. - Motion of plaintiffs to add Governor George C. Wallace as a party defendant denied - Request of priva e

plaintiff for relief filed - Arguments by counsel - Conclusions stated by . the Court to proceed forward to fashion an acceptable plan - Daily adjour :_ ment

" 18 Hearing resumed Statements by the Court as to the conference dictated into record - Statements by counsel - Defendant's testimony - Defendants rest Conclusions by the Court dictated into the record - Written order to be entered

18 ~ 9Clerk's Court Minutes entering Judgment on Decision by the Court that this case having been heard and conclusions dictated into the record, a written order will be entered - filed and entered

.. 24 Order in response to the order of remand from the U. S. Court of Appeals and up consideration of evidence taken and arguments made in open court and in chambers as to the Jefferson County Board of Education, Board of Education of the City of Pleasant Grove, Board of Education of the City of Homewood, Board of Education of the City of Vestavia Hills and Board of Education of the ~ity of Midfield filed and entered (Pointer) - copies served Aug. 24 by U. S. Attorne, upon himsel.f, Department of Justice, plaintiff, Superintendent of Education of Jefferson County and the individual board members; Aug. 25, 1971 copy del. by us to Mr. Virgil Nunn on behalf of Homewood; Aug. 25, 1971 copies del. to U. S. Marshal for service on counsel for Pleasant Grove. Vestavia Hills and Midfield; Aug. 25, 1971 copies mailed to NAACP; Gray, Seay & Langford and Beavers, Shannon, Harriaon & Qdom

" 25 Order, upon consideration of the August 24, 1971 letter and motion of the Jeffers n County School Board requesting a mo.ification in the Aug. 24, 1971 'courtapproved desegregation plan with respect to the Graysville and Minor zones, amending said plan in accordance with the set out provi~ons filed and ent ed (Pointer) em .

26 Notice of Appeal by plaintiff from the final order of this Court dated August 24 1971 filed - certified copies mailed to U. S. Court of Appeals and parties

26 Cost bond On appeal ($250.00) filed 31 Notice of cross appeal of defendant-intervenor, Board of E~cat1on of the City 0"

Pleasant Grove filed - certified copies mailed to Clerk, U. S. Court of Appeals and attorneys

.. 3l~(::" ,: Cost Bond on Appeal ($250.00) filed of Aug. 24, 1971 pt. 1 Marshal's return showing service of order/on Dr. Revis Hall, Jefferson County

Board of Education On August 24, 1971 and On McEniry, McEniry &McEniry Attorneys for Pleasant Grove on August 26, 1971; on U. W. Clemon on Aug. 2 , 1971; on Robert Vance, Attorney for Vestavia HtU! and Norman K. Brown, Attorney for Midfield on August 26, 1971, and filed

8 .~~:. 0 Amended Order, in response to petitions for modii; Gation and clarification filed by several of the defendant boards of education, amending the orders of August 24, 1971 and August 25, 1971 filed and entered (Pointer) cm

8 .. '/ Petition of Jefferaon County Board of Education for modification and c1arificati n" \ of orders entered August 24, 1971 and August 25, 1971 fUed in open court

by the Hon. Sam C. Pointer, Jr. on September 3, 1971 - coptes served by cOUll.el

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 22 of 55

PROCEEDINGS Date Order Judgment Nl

(i)~""cc'C';';:Mo=t~i;-o~n:--o~f;:-p:-;l;-a-:i;-n-:t-:i:-:f;C;f;-;f;-o-r----;f;-u-r-:-t~h-e-r-r-e~l-:-i-e-::f:-::f;-i;-l-e-::d---co-p-:-ie-s-,,-e-rv-e-d-b-y-c-o-un-s-e-l---~Sept. 8 copy sent to J. Pointer

.. 8 Motion of plaintiff for injunctive relief barring students and parents from "sitting in" at $choob other than the ones into which they are zoned filed - copies served by counsel copy sent to J. Pointer

11 9 "j ,', ; Transcript of proceeding. beginning on August 16, 1971, before the Hon. Sam C. Pointer. Jr. (3 volumes in triplicate) filed

11 10 Certified record on appeal and cross appeal mailed NO - copies letter of transmittal and docket entries mailed to attorneys

" 14P:: I Motion of plaintiffs to enjoin operation of the Pleasant Grove School System, , or alternatively, motion to cite for contempt for failure to obey

judgment filed - copies served by counsel " 14

11 16

~rder directed to the Pleasant Grove School Board and Superintendent of Schools Richard McBride to show cause on September 16, 1971 at 4:00 P.M. in the Courthouse why the relief set forth in the plaintiffs motion of September 14th should not be granted and directing the Marshal to serve a copy of this order on the Board and Superintendent filed and entered {Pointer} copies del. to U. S. Marshal

On Hearing before the Hon. Sam C. Pointer, Jr. on show cause order of September 14, 1971 regarding the Pleasant Grove School System defendant's answer to motion for injunction or petition for contempt filed - questions by the Court to defendant in regard to answer plaintiff's response to defendant's answer and the COurt's question plaintiff's testimony - plaintiff rest - defendant's testimony defendant rest - case taken under advisement - decision to be entered September 17, 1971 - request by U. W. Clemen for attorney's fee to be considered by the Court

" 16 ': Clerk's Court ;Hnutes that this case be taken under advisement - order to be .. 17"J

11 20

" 20,((

11 20 11 20

entered filed and entered ,IPetition of the Jefferson County Board of Education for emergency relief and for

modification of orders entered August 24, 1971, August 25, 1971 and September 8, 1971, with Appendix A abd Appendix ~ attached filed ~opies served by counsel - del. to J. Pointer

Memorandpm of Opinion (Transportation -- Pleasant Grove) of the Hon. Sam C.

POinter, Jr., dated September 18, 1971, filed and entered - em

" Order, dated September 18, 1971, as to Transportation - P1easllnt Grove ordering said board prior to 8 a.m., Tuesday, Sept. 21, 1971 to purchase three school buses from surplus buses offered for sale by the county board; that commencing with Tuesday, September 21, 1971, said board shall provide free transportation for all students residing outside the city limits of Ple.sant Grove, etc. and if said board aannot operate its school system with the requirements imposed herein, it has the right to transfer responsibility of public education within the Pleasant Grove zone to the Jefferson County Board of Education, and directing the said Board to file, by 1 p.m. Friday, September 24, 1971 a written notice indicating whether it has elected to continue its operation of the Pleasant Grove School System or transfer all responsibilities to the Jefferson County Board of Education; and directing that a copy of this order be served upon the members of the Board, theSuperintendent and the Superintendent of the Jefferson County school system, and copies to be served on all other parties and the Court of Appeals filed and entered (Pointer) cm as directe

Copies of motion, answer, memorandum opinion and order (Pleasant Grove School System) mailed to Court of Appeals as directed by the Court

370rder to show cause returned September 17, 1971, executed on ~~~n;-i~~~~rd of Education and Superintendent on September 15, 1971, and filed

0' e:

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 23 of 55

I Date Order or .9~fTE I .... . ...._~___ ...._ ___.../I.fl",_.__:Judgment Not.PROCEEDINQn :ept. 23 j:\1 Opinion and order dated September 18, 1971, returned, executed September 21, I

I 1971 by service on Dr. J. Revis Hall, Jefferson County Board of Education, : and filed

\I 23 Notice of appeal by United States of America, plaintiff-intervenor, of the

order entered on September 8, 1971 filed - copies mailed

24 Notice of the Board of Education of Pleasant Grove, in obedience to this court'" order of September 18,1971, . to ;perate its own system without transporta

tion filed - copies served by counsel

" 27 Order Judgment, dated September 24, 1971, that Notice of Pleasan~ G3UVe Board of Education to operate its own system without transportation, does not constitute a notice to operated its system in accordance with the decrees of this court; and accordingly, deeming said board has elected to transfer responsibilities for public education to the Jefferson County Board of Education; such transfer to be effective as of Monday, September 27, 1971; and further ordering that to the extent said Board, et al fail to executed any documents needed to effect such transfer directing the Clerk to perfo such acts, and that this order be taken as JUDGMENT divesting the said Boa d and investing the Board of Education of Jefferson County with all real or personal property of the Pleasant Gove Board of Education effective September 27, 1971 filed and entered (Pointer) cm

28 Notic" of defendant-intervenor, Board of Education of the CitL_of '?l.e.'l.san.t__Qr.".v" of cross app"al from final ord"r entered on S"pt"mber 8, 1971 - fUed copies mailed Clerk, U. S. Court of Appeals, New Orleans, La. and attorney

28 II";: Bond for costs on cross appeal (~250. 00) fned" 29 Non-Racial objective criteria of the City of Homewood filed - copies served by"

counsel Notice of appeal by defendant-intervenor Board of Education of City of Pleasant

NGrove from the final orders of this Court entered on September 18th and 24th, filed - em

Cost bond on appeal ($250.00) filed

:t. 1

" 1 Designation of record on appeal by the United States, plaintiff-intervenor and

amicus curiae and appellant herein filed - copies served by counsel Motion of United States of America, plaintiff-intervenor for order to enforce

5

" 5 zone lines filed - copies served by counsel

'?Transcript of proceedings on September 16, 1971, before the lion. Sa.. C. Pointer, Jr. (in triplicate) filed

6 Certified record mailed to U. S. Court of Appeals (U.S.A. and Pleasant Grove) no exhibits

7, Notice ~h~t.plaintiffs till take the deposition of Charles Vines, Asst Superintendent of the Jefferson County School System at his office at 9:00 a.m.

on October 12, 1971 filed - copies served by counsel

14 Notice (letter) to remove nsme of Norman K. Brown as attorney for the Board of

Education for the City of Midfield, Alabama as the firm of McEnlry and

McEniry are attorneys for the said board filed - copies served by counsel

14 Order setting a hearing on the motion for order to enforce zone lines filed by

the United States on October 5, 1971, before Judge Pointer in Birmingham

at 9 a.m. on October 20, 1971 filed and entered (Pointer) - copies del. to

U. S. Attorney for service

" l8,,Continued to next page

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 24 of 55

D. C.llIlAR.v. OMI DocketOO'lUnuatio. SOUTHERN DIVISION .....__~CA 65-?96__ _ MA' .-============~=====~~====-p== Date OrdelPROCEEDINGS Judgment N

--------_._-

Oct. 1 >5tReport of the Homewood City Board of Education filed - copies served by counsel

.. 20 Hearing before the Hon. Sam C. Pointer, Jr. on motion to enforce zone lines file by the United States On October 5, 1971 - motion for emergency relief'and for amendment of the Gardendale and Mbnor zone lines filed - defendant's reply to motion for order to enforce zone lines filed - oral motion by defendant's attorney Hugh Locke to quash subpoenas - denied - arguments by counsel - plaintiff's testimony - stipulations agreed to by the parties entered into the record - Court adjourned - case continued to October 25, 1971, 9:00 a.m.

n 21.;/ SReport of the Jefferson County Board of Education filed - (cardboard box full)

" 21 I Report of the Board of Education of the City of Midfield filed October 20, 1971

I copies served by counsel

" 21,,'};7 Report of the Board of Education of the City of Vestavia Hi lIs filed October 20,

, 1971 - copies served by counsel

.. 25 Hearing resumed - plaintiff's testi~ony coati~ued - plaiatiff rests - Defendant'

testimony - Defendants rest - Memorandum filed by plaiatiff - Arguments by couDsel - Court's findings dietated iDto the record - order to be entered by the Court

.. 25~5,>'Clerk'lI Court Minutes enterill!! judgment Oft decision by the court that findlll.gs

of fact having been dictated into the record, a written order will be

entered - filed and entered

Motion of plaintiff for emergency relief filed - copies served by counsel26"

Order, upon consideration of the Petition for Removal and Consolidation filed b intervenor-ppaintiff, the United States of America, and of the motion for emergency relief filed by the plaintiff, that the named persons, being part' s to cases 168-839 and 168-840 now pending in Circuit Court of Jefferson Coun , show cause why an injunction shmuld not be granted by this court staying proceedings in such cases and directing such parties not to enforce or be boun by such proceedings; the parties to file their response to this order by November 15, 1971, at which time the court will determine whether a factual hearing is necessary in connection therewith, and directing that a copy of this order be served 9pon Palmer W. Norris and James H. Faulkner, attorneys for complainants in such proceedings and upon Maurice Bishop, atborney for the school board and upon such of the named parties as to whom acceptance of service is not made by their attorneys filed and entered, and dated October 29, 1971 (POinter) copies mailed as directed

Nov~ I

.. IOrder, dated October 29, 1971, on the motion of plaintiff-intervenor, the United States of America, to enforce zone lines in the QI~ysville school attendance zone and student assignment provisions; that students listed On Attachment A shall be assigned and transferred to Graysville High School effective Spring, 1972 semester and records pertaining to such students maintained by Minor High School be transmitted to Graysville High School prior to the commencement of such semester and academic credit will be allowed only if such students enroll and attend Graysville School; and further ordering the Jefferson County Board of Education to conduct an investigation to determine the proper attendance zone of every other 10th or 11th grade student now attending Minor High School who at some prior time attended Adamsville Elem. School, Ada~vil1e Junior High School Graysvi Ie Junior High School, Graysville High School, Brookside Junior High School, or' Minera 1. Springs Elem. School and the findings of the Boa rd to be reported to the court by December 1, 1971, giving notice to parents, etc. and if there is disagreement with such finding, application may be made within 10 days thereafter to the court for a hearing on such residence and encouraging the parties to suggest to the court by November 15, 1971 the names of persons fo possible appointment by the court to the committee to recommendt~ansfers because

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 25 of 55

I PROCEEDINGSDATE 1 Q71 , ______

lov. 1 L of hardship, etc. filed and entered (Pointer) copy hand sel. to Mr. Bishop " 15.;(1

.. 15

.. 15

.. 15

.. 15

and copies mailed to all other counsel otion of Charles Owens, Sinda Lou Owens, Major A.caldwell, Marvelene caldwell,

Charlie MCDaniel and George E. Stripling to dismiss its order dated October 29, 1971 filed - del. to J. Pointer

Special appearance of the Jefferson County Board of Education and motion to strike petition for removal and consolidation purported to have been filed in this cause on October 18, 1971 filed - copies served by counsel (copy del

De.~Ol"4eror Judgment Noted

by atty tc Motion of the Jefferson County Board of Education,without waiving its special(J. Pointer of

appearance and motion to strike, to remand the described cases to the Circui (pleading Court of Jefferson County filed - copies served by counsel (11/15/71

Response of the Jefferson County Board of Education to the order dated October 2 , 1971 filed - copies served by counsel

Notice of appeal by the Jefferson County Board of Bducation from the order rende ed October 29, 1971 relating to student attendance at Minor High School filed cert. copies mailed

" l!bl, '/Designation of record on appeal by the Jefferson County Board of Education filed copies served by counsel

.. 24q ::,NoUce 4irected to the Bon. George C. Wallace, Governor of Alait.,.., and to Hon (, William J. Baxley, Attorney General of Alabama, that the Court will receive

.. "~',,)'

.. 29

c. l~

3,:{

on or before December 3, 1971, briefs or other legal memoranda in support of the ConititutiORa1ity of Act No. 1418, 1971 Regular Session of the Alabama Legislature; the Constitutioaality of this Act may be involved in .n ancillary proceedings now pending in this Court; details of matters involved 1n this proceeding may be obtained from the Court files in this Court or by COlnUl'lLcation with Hr. Ray Acton, Asst. Attorney General;for the State of Alabama, or Judge SaM C. Pointer - issued - forwarded by certified mail to Gov. George C. wallace and Attorney General William J. -.xley

Transcript of proceedings held on October 20, 1971, before the HOIl. Sa.. C. Pointe, Jr. (3 volumes) filed 1n triplicate

Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans, La. - exhibits included as #8 - copies of tranSMittal letter with docket entries mailed to attorneys

!ONotice that plaintiff-intervenor, United States of America will take the depositions of: William D. Baker at 9 Ii .m.; Amos M. Sewell at 9: 45 a.m.; Charles Vines at 10:30 a.m.; Lillian P. Sanderlin at 11 a.m.; Charles A. Brown at 11:30 a.m.; Lorenza Mccarthy at 1:30 p.m.; John P. Smith at 2 p.m.; John S. Jackson at 2:30 p.m.; William Hawes at 3 p.m.; Dr. J. Revis Hall at 3:30 p.m. and William Burkett at 4p.m. on Tuesday, December 7, 1971 at the Superintendent's Office, Jefferson county Board of Education, filed copies served by counsel

Nemorandum of Opinion and Order of the Hon. Sam C. Pointer, Jr. dec laring that Alabama Act No. 1418, 1971 Regular Session is unconstitutional; that for the remainder of the Fall 1971 semester, Susan Stripling shall be permitted to renan as a student at Concord E. S. and Steve Owens, Frances Owens, Robert Allen Caldwell, Debra Caldwell shall be rermitted to remain as students at Leeds E. S. and for the Spring 1972 semester such students shall be permitte to attend Jefferson County school only in strict conformity with the provisions of the "desegregation plan' then in effect for such system, that Charles Owens; et 131 and the Jefferson County Hoard of Education are enjoine from enforcing or relying upon Alabama Act No. 1418, and from further I rose-cut ion, etc. or otherwise being bound by cases No. 168-139 and 168-140 presently pending in the Circuit Court for the Tenth Judicial Circuit of Alabama; and d!'nying arplications for other relief by the federal court plaintiffs or intervening plaintiff, specifically the award of attorneys fee

r. p npyf' 0:

D. C. llOA. Rev. Civil Docket Continuation SOUTHERN DIVIS!Or-~ CA 65-3

DATE PROCEEDINGS :..;_9:..;7c...;2,-,...--_i ____L5Q=-___ Jan. 27if::",APPHCStiOn of the United States, Plaint.iff-intervenor for order to show

,~b' 3 3

10

1l:~'~ -.' ,>

17

18 .. 22 .. 22 .. 24

.. 29

lar. 2.;(

.. 3

cause as to the Leed~~lementary School, with affidavit of Paul F. Hancock, attorney for the United States attached - copies served by

I counsel del. to J. Pointer Application of Janie Ruth Jones, Lelia Mitchell, Essie Mae Brooks and Verna

Rose, parents of black children, for temporary injunctive relief in assignment of students in the Leeds School Zone filed - copies served by

counsel del. to J. Pointer Depositions (10) of J. Revis Hall; William Hawes; William Baker; Charles C.

Vines; Lorenza Mccarthy; John S. Jackson; Charles A. Brown; Lillian P. Sanderlin; John T. Smith and Amos M. Sewell (with exhibits in brown manila envelope attached) filed

Peti'tion of the Board of Education of the City of Homewood, Alabama for additional relief and approve the proposed construction of the high school filed - copies served by counsel (copy del; to J. Pointer by couns'

'P Petition of the County Board of Education of Jefferson County for authority -to,purchase site and construct elementary and junior high schools on said site (Chapel Hill School Site) filed - copies served by counsel (del. to J. Pointer

Certified copy of order of the U. S. Court of Appeals denying appellants'

request for a stay of the, injunction issued by the U. S. District Court

on December 3, 1971 filed

Report of Jefferson County School Board dated February 1, 1972. filed Report of Midfield City Board of Education dated January 31, 1971, filed

copies served by counsel Report of Ho.ewood City Board of Education filed - copies served by counsel Report of the City of Vestavia Hills Board of Education filed - copies served

by counsel Certified copy of order of United States Court of Appeals, Fifth Circuit,

as to Jefferson County Board of Education, denying appellants' - Charles Owens, et aI, request for a stay and restraining order gainst plaintifintervenor filed (Before Thornberry, Clark and Ingraham, Circuit Judges)

" Order. in response to the application filed on January 27, 1972 by the United

States, ordering Mr. Joe A. Sheppard, Principal, Leeds Elementary School,

to appear on March 11, 1972, at 9 a.m. in the Federal Courthouse and show

cause why he should not be held in civil contempt of order of this court

filed and entered (Pointer) Service accepted by Mr. Maut'ice Bishop

Hotice that plaintiff-intervenor, United States of America will take the deposition of Joe A. Sheppard. Principal, Leeds Elementary School, Leeds, Alabama at 5:00 PH, on March 8, 1972 at the office of the U.S. Attorney filed - copies served by counsel

,

7 c~'.5 Motion of def1andant Jefferson County Board of Education and Joe A. Sheppard,

" 13

.. 13 ")

Principal, Leeds Elementary School, to stay time for taking deposition of Mr. Sheppard filed - copies served by counsel - del. to J. Pointer

On hearing on March 11, 1972, before the Hon. Sam C. Pointer, Jr. on motion of Jefferson County Board of Education to purchase site to construct elementary and junior high school - Jefferson county Board's testimony - Closing arguments by counsel - Court deferred ruling on motion until briefs are submitte briefs to be submitted to the court by March 18, 1972

Ii Clerk '. Court Minutes entering judgment on decision by the court that the court I~ will defer its rullng on Jefferson County Board of Education's motion to

purchase land and aSK parties to submit briefs by March 18, 1972 - filed and entered on March 11, 1972 - copies mailed attorneys

(cont)

IDate Order or Judgment Noted

)

-

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 28 of 55

D. C. !lOA Rev, Civil Docket Continuation SOUTHERN DIVISlttI CA 65-396 IflIl DATE 1972

Mar 13

" 13J

PROCEEDINGS

On hearing on March II, 1972, before the Hon. Sam C. Pointer, Jr. on order to show cause why Joe A. Sheppard should not be held in contempt of court opening statements by counsel - Testimony of plaintiff-intervenor - Plaintif intervenor rests - Decision by the court finding Joe A. Sheppard in contempt of court antered

17Clerk's Court Minutes entering judgment on decision by the court that Joe A. Sheppard be found in contempt of court and has until the afternoon of March 21, 1972 to purge himself - filed and entered on March II, 1972 - copi mailed attorneys

n l3/.

1972 I Date Order or i _~~_dgment Noted DATE

May 1 ?> PROCEEDINGS /../

____ ~~______ jl Notice of appeal of plaintiffs from final order entered on April 14, 1972 _

filed - certified copies mailed to Clerk, U.S. Court of Appeals and to attorneys for defendants

,

" 1:' ,.1 Appeal Bond ($250.00) filed " 16

uly 20.~

25"

Aug. 10

22"

22.3"

22" 22"

22""

25"

28"

2"

Certified record on appeal mailed to Clerk, U. S. Court of Appeals, New Orleans La. (exhibits on hearing of 3/11/72 included as #7) (re construction of new school) - copies of transmittal letter with docket entries from January 27, 1971, mailed attorneys

IJ Supplemental amendment to the desegregation plan contained in the amended order of the Court, dated September 8, 1971, filed - copies served by counsel - copy del. to J. Pointer by attorney

Order that defendants shall file with the court a specific proposal for the desegregation of grades 1-12 in the Fultondale-Apringdale zone and that said plan shsll meet the requirements of paragraph l(a) (5) of the September 8, 1971 order of this court; by August 7, 1972, the defendants shall file an alternate proposal to that filed on July 20, 1972 for the GraysvilleKinor area which shall provide for the utilization of Graysville High Schoo as a regular academic school on a desegregated basis and shall provide for utilization of Edgewater as a regular academic facility on desegregated bas'.; by August 7, 1972, defendants shall file a plan providing for reopening and use of Woodward School etc; further defendants are directed to forthWith forward all applications for hardship transfer to the Court for disposition by the hardship committee; further a hearing on July 20 proposal and other proposals which will be submitted pursuant to this order shall be held on August 22, 1972, in Birmingham commencing at 9:00 AM filed and entered (Pointer) - cm

Further Amendment to desegregation plan pursuant to Court order of July 25, 1972 filed - copies served by counsel del. to J. Pointer

Objections of private plaintiffs to supplemental plans of desegreaatioR of the Jefferson County School Board filed - copies served by counsel - del. to A.D.

i _, Response of p1& intHf-intervenor, United States of America, to each proposa 1 , filed by defendants pursuant to Court order of July 25, 1972, filed - copie

Lett~1f/~bi!'tfgr~:i~urice r. Bishop to Judge Pointer re construction - filed On hearina before the Hoa. Sam C. Pointer, Jr. on proposal of July 20, 1972, and

other proposals - Statements by the court and counsel presented - Testimon by defendants presented - testimony concluded - case to be taken under submission - written order to be entered

i.-,Clerk's Court Kinutes enterina judgment on decision by the court that this case be taken under submission - written order to be eatered - filed and entered - cm

Memorandum of Opinion and Order re ...tag .e shown in order as to FultondaleSpri."ale Zone; Gardendale, Graysville and Minor Zones; Pleasant Grove Zone; Wenonah, Lipscomb, Berry and Shades Valley Zones as shown in order; further granting the Board's request for approval of the construction projects outlined in its letter of August 18, 1'72; further that the Jefferson County Board of Education implement a student assignment plan for 1'72-73 in accordance with the prior directives of the court as amended by the provisions of this order - filed and entered (Pointer) - cm

Correction to order of August 25, 1'72, filed and entered (Pointer) - cm 'I~Petition for stay of defendant Jefferson County Board of Education re Pleasant

Grove and Lipscomb Zones filed - copies served by counsel - copy del. to Jud&e~oin~r by counsel

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 30 of 55

SOUTHERN DIVISION CA 65-396D, C. 11/lA. lWv, Civil Docket Continuation

DATE

Sept. 6

" 6 Sept. 8 (

" 11 " 11

11"

" 12

" 13

" 15

" 18 U"JSTranscrlpt of proceedings held OIl August 22. 1'72, at Biraliagham, Alaba1ll&.

"

""

"

l'"

20"

25"

25:':"

Oct. 10

103"

PROCEEDINGS

On Hearing before the Hon. Sam C. Pointer, Jr. on petition of defendant Jefferson County Board of Education re Pleasant Grove and Lipscomb written order to be entered

!,[C1erk's Court Minutes that the petition' of defendant Jefferson County Board of Education re Pleasant Gr'ove and I,ipecomb should not be granted and the order of August 30, 1972 should stay in effect - written order will be entered by the Court as to the other petitions presented on this date filed and entered - cm exhibits (petitions) in manila envelope

Notice of appeal by plaintiff from the final order entered August 25, 1972, insofar as it relates to the Graysville school zone; and the order of August 30, 1972 insofar as it relates to the Edgewater school zone filed - certified copies mailed

Cost bond on appeal ($250.00) filed () ;)Certified copy of opinion-order of the U. S. Court of appeals issued as and fa

the mandate, vacating in part, affirming in part, and remanding for furt proceedings not inconsistent herewith as to Pleasant Grove filed (records on appeal and exhibits to be returned) record received

lecord Oft appeal with exhibits re order April 14. 1'72. received USCA ~"".:Motion for intervention on behalf of Joseph F. Varner and Norman Fay Varner,

parents of Tommy Joe Varner and James Roy Varner, with complaint in intervention attached, filed - copy del. by attorney to J. Pointer (re Mulga and Edgewater Schools)

,/Notice of appeal of plaiatiff-iaterveaor. Uaited States of America, from orders eatered Oft August 25. 1'72 sad August 30, 1'72 - filed - certlfi copi.s -.11ed I

Original record on appeal (1 volume) and original exhibits (1 envelope) returndd by Court of Appeals as to the City of Pleasant Grove

Original record on appeal andsupplemental record on appeal returned as to City of Pleasant Grove (3 volumes)

Copy of Opiaion of U. S. Court of Appeals re Board of Education ot the City of Pleasant Grove received - See entry above of Sept. 8

Supplemental record on appeal re City of Pleasant Grove received

. before the Hoa. 8.. C. Pointer, Jr. (ia triplicate) filed ~a..cript of proceediags held Oft August 30, 1'72, before the Hoa. Sam C.

,., Pointer, 3r. at Birmingbaa, Alabaas (ia triplicate) filed Certified record Oft appeal 1II&il.d to Clerk. U. S. Court of Appeals, New Orleans,

Louisiana - exhibits from hearinl 8/22/72 and 8/30/72 included .s #1'; copi.. tranamittal letter and docket entries mailed attorneys

On Hearing before the Han. Sam C. Pointer, Jr. on the motion for intervention on behalf of Joseph F. Varner and Norman Fay Vsrner - Intervenor's testim

'1,Clerk' s titl!F'm.9;fit~ilshil.Tt %~n n"ll.~o"fFmUnlii%dt~~J.I.Adn9Jn'Ofu~itcwn'lia'VintaW been dictated into the recorq, petition for intervention on behalf of Joseph F. Varner and Norman Fay Varner is denied filed and entered - em

Execution on Order of July 22, 1971 awarding plaintiffs' COlts issued by the

elerk - del. to U. S. ~r8h.l for service

I:leport of Midfield City Board of EducaUon - filed

12',' "lSupplemaDta11d...i21:Ul.Uon of United SJ:ate~.~ plaintiff-intervenor, of record on

" appe4 r1Ieu - coples served by counsel (Over)

Date Order

Judgment N,

er

I

ny dictated into rec

Case 2:65-cv-00396-MHH Document 1 Filed 10/27/14 Page 31 of 55

30 __ '______~CS~,?z:L

Date Order 0

DATE PROCEEDINGSI /r Judgment Not1972 /uc~-"'-''-='---1----

Oct. 20'?t't)RePort of City of Homewood School System - filed - copies served by counsel " 20 Report of the Board of Education of the City of Midfield in obedience to the

Decree of September 8, 1971, filed - copies served by counsel 20'),- ".~Report of the City Of Vestayia Hills Board of Education filed - copies served"

. '. by counsel

Additional pleadings to be added to certified record on appeal mailed to Clerk, USCA, New Orleans, La. at request of Justice Dept. - copies of transmitta letter mailed attorneys

Execution returned, unexecuted on Jefferson County Board of Education (judgment

Nov 3

" 3 paid 11/1/72) and filed

" 9 ~ ~~~lfiga ~S;eB~QSrMSP ~hRQB~ ~~sE&