Bradley v. Milliken

Decision Date10 October 1972
Docket NumberNo. 72-1064 to 72-1066.,72-1064 to 72-1066.
Citation468 F.2d 902
PartiesRonald BRADLEY et al., Plaintiffs-Appellees, v. William G. MILLIKEN et al., Defendants-Appellants. Ronald BRADLEY et al., Plaintiffs-Appellees, v. BOARD OF EDUCATION, etc., Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

George T. Roumell, Jr., Louis D. Beer, Riley & Roumell, Detroit, Mich., for defendants-appellants.

William E. Caldwell, Ratner, Sugarmon & Lucas, Memphis, Tenn., Nathaniel R. Jones, New York City, E. Winther McCroom, Cincinnati, Ohio, Jack Greenberg, Norman J. Chachkin, New York City, J. Harold Flannery, Paul R. Dimond, Robert Pressman, Harvard University, Cambridge, Mass., for plaintiffs-appellees.

Theodore Sachs, Detroit, Mich., for intervenors Detroit Federation of Teachers.

Before CELEBREZZE, McCREE and KENT, Circuit Judges.

Certiorari Denied October 10, 1972. See 93 S.Ct. 45.

ORDER

These are appeals from an order entered on November 5, 1971, following a "pretrial conference" held on October 4, 1971. The order from which these appeals are taken requires the parties to submit proposed plans for desegregation of the Detroit schools within a stipulated period of time which time had not passed at the time the appeals were filed. The order in question is not a final order within the meaning of Title 28 U.S.C. § 1291, neither is it an interlocutory order or decree which may be appealed to this Court under Title 28 U.S.C. § 1292(a).

No party to the action has sought a certificate from the District Court or from this Court for an interlocutory appeal under the provisions of Title 28 U.S.C. § 1292(b). There being no final order from which an appeal may be taken, and the cross-appellants having agreed that their appeal may be dismissed with the original appeal,

It is ordered that the motions to dismiss the appeals be granted.

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19 cases
  • Evans v. Buchanan
    • United States
    • U.S. Court of Appeals — Third Circuit
    • May 18, 1977
    ...U.S.C. § 1292(a)(1) (1966). Hart v. Community School Board, 497 F.2d 1027, 1030 & n. 4 (2d Cir. 1974) (Friendly, J.); Bradley v. Milliken, 468 F.2d 902 (6th Cir. 1972), cert. denied, 409 U.S. 844, 93 S.Ct. 45, 34 L.Ed.2d 83 (1972) (earlier stage of Milliken v. Bradley, 418 U.S. 717, 94 S.Ct......
  • Milliken v. Green
    • United States
    • Michigan Supreme Court
    • December 29, 1972
    ...exact question was recently decided adverse to the Defendant School Districts by the Sixty Circuit in Bradley, et al. v. Milliken, et al., 468 F.2d 902 (6th Cir. 1972) which went into great detail to show numerous examples of State control over local public education in Michigan.3 Findings ......
  • Gautreaux v. Chicago Housing Authority
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • November 1, 1982
    ...L.Ed.2d 599 (Board voted to take no appeal from district court's finding of liability and entry of initial injunction); Bradley v. Milliken, 468 F.2d 902 (6th Cir. 1972), certiorari denied, 409 U.S. 844, 93 S.Ct. 45, 34 L.Ed.2d 83 (after trial on the merits, 338 F.Supp. 582 (E.D.Mich.1971),......
  • Milliken v. Bradley Allen Park Public Schools v. Bradley Grosse Pointe Public School System v. Bradley 8212 434, 73 8212 435 73 8212 436
    • United States
    • U.S. Supreme Court
    • July 25, 1974
    ...violations.11 An effort to appeal these orders to the Court of Appeals was dismissed on the ground that the orders were not appealable. 468 F.2d 902 (CA6), cert. denied, 409 U.S. 844, 93 S.Ct. 45, 34 L.Ed.2d 83 (1972). The sequence of the ensuing actions and orders of the District Court are......
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