Case Resources
Search this Case
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Justia Research Resources
Justia.com
Supreme Court Center
US Regulation Tracker
US District Court Opinions
Federal District Court Civil Case Filings
Legal Blog Search
Legal Podcast Search
USA Constitution Annotated
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
WashLaw Directory
World LII
Cases Provided By
Creative Commons
public.resource.org
Black and White Children of the Pontiac School System, Aclass of Plaintiffs, et al., Plaintiffs-appellants, v. the School District of the City of Pontiac, a Public Bodycorporate of the State of Michigan, Dana P.whitmer, Superintendent of Schools,school District of the City Ofpontiac, Defendants-appellees
United States Court of Appeals, - 464 F.2d 1030
Parvin Lee, Jr., Bloomfield Hills, Mich., for plaintiffs-appellants; Charles J. Porter, Bloomfield Hills, Mich., of counsel.
Robert E. Manley, Cincinnati, Ohio, for defendants-appellees; Beirne, Wirthlin & Manley, Cincinnati, Ohio, Dudley & Patterson, Harold W. Dudley and William R. Lightbody, Pontiac, Mich., of counsel.
Before EDWARDS, McCREE and KENT, Circuit Judges.
PER CURIAM.
Plaintiffs in this case sought an injunction restraining the School District of the City of Pontiac from transporting children, pursuant to an order of the United States District Court for the Eastern District of Michigan. Davis v. School District of City of Pontiac, Inc., 309 F.Supp. 734 (E.D.Mich.1970), aff'd, 443 F.2d 573 (6th Cir.), cert. denied, 404 U.S. 913, 92 S.Ct. 233, 30 L.Ed.2d 186 (1971).
The complaint was referred to the same District Judge who had entered the order, the effect of which this suit sought to enjoin; and after oral argument, he dismissed the complaint on the ground that plaintiffs' suit was an attempt collaterally to attack the desegregation order entered in the principal case.
We affirm.
Plainly, plaintiffs have mistaken their remedy. Most of their briefing and argument alleges difficulties in the carrying out of the desegregation order involved in the principal case. The District Court has maintained jurisdiction of the case. The proper avenue for relief if there were unanticipated problems which had developed in the carrying out of the court's order, was an application to intervene and a motion for additional relief in the principal case.
Dealing with a very similar argument, this court recently said:
"The District Court order in this case specifically retained jurisdiction. Thus, upon our affirmance, the door of the District Court is clearly open (as it has been!) to the parties to present any unanticipated problems (not resulting from failure to comply with its order) which may have arisen or may arise in the future." Kelley v. Metropolitan County Board of Education of Nashville, Tennessee, 463 F.2d 732 (6th Cir. 1972).
The judgment of the District Court is affirmed.