The Papers of Judge Pierce Lively

Collection Summary

Creator:	Lively, Pierce
Title:	The Papers of Judge Pierce Lively
Accession:	MSS 98-2
Description:	50 boxes; 21 linear feet
Location:	SC - Basement
Photograph Collection:	View 0 digitized photographs
Digitized Content:	0 objects
Use Restrictions:	There are no restrictions.

Collection Description & Arrangement

Judge Pierce Lively donated his papers to the University of Virginia Law Library in January of 1998. In a letter dated January 22, he described the papers he was sending to the library:

... the office files [contain] cases in which I wrote either a majority or dissenting opinion. There are relatively few case files from the earliest years of my tenure on the court, because many of my files of that period were discarded routinely. More recently, since it has come to my attention that the archives would be interested, I have retained many more files. These files, while varying importance, serve to illustrate the broad range of subject matter dealt with by the United States Court of Appeals. The files also illustrate my particular way of working. Each file contains my notes at the hearing and most contain both a pre-hearing and a post-hearing memorandum by a law clerk. I wrote by hand a draft of each opinion and after it was typed out, a copy was given to a law clerk who worked with me in producing the final draft...

I did not include case files from any of the cases where the court issued an unpublished opinion. As our docket grew, we considered more and more cases without oral argument and these usually produced unpublished opinions. The cases in which we issued such unpublished opinions were usually quite routine and repetitive or were totally fact-specific.

While he served on the bench, Judge Lively performed many administrative duties for his circuit, as well as for the Judicial Conference. For the latter, he served on the Advisory Committee on Federal Rules for Appellate Procedure (FRAP) and the Standing Committee of Rules of Practice and Procedure. The Sixth Circuit administrative work as well as these committee activities are documented in the collection.

Organization

The Lively Papers have been kept in the order in which they were received, and his folder headings have been preserved. The 50 boxes (21 linear ft) of files are organized in these groups:

Selected Case Files, 1972-97, Boxes 1-32, including Mozert v. Hawkins County Board of Education, a book banning case which alleged violation of First Amendment rights to exercise of religion; Detroit Police Officers’ Association v. Young, and affirmative action case; City of Akron v. Akron Center for Reproductive Health, Inc., an abortion case which addressed the state’s ability to regulate the abortion procedure; and Demjamjuk v. Petrovsky, the case concerning the deportation to Israel of an alleged Nazi prison guard.
Sixth Circuit Administrative Files, predominantly 1980s, Boxes 32-40, organized by the judge into these categories: general administrative, court and council meetings, chief judge - general, and chief judge - bankruptcy.
Judicial Conference, Boxes 41-47, arranged in three categories: General, 1976-9; Standing Committee on Rules of Practice and Procedure, 1987-89; and Advisory Committee on Federal Rules of Appellate Procedure, 1979-90.
Correspondence, Speeches, etc. and Miscellany, 1973-97, Boxes 47-49
Published Materials, 1984-89, Box 50.

Biographical & Historical Information

Judge Pierce Lively was born in Louisville, Kentucky, August 17, 1921 to Ruby Keating and Henry Thaddeus Lively, a lawyer. He studied Centre College in Danville, where he graduated magna cum laude with a B.A. in History and English Literature. From 1943 to 1946 he served in the U.S. Navy and while in service married his college sweetheart, Amelia Harrington. After the war he studied law at the University of Virginia where he served on the editorial board of the Law Review and received the honors of membership in the Order of the Coif and the Raven Society.

After graduating in 1948, he returned to Kentucky. He first clerked for U.S. Sixth Circuit Judge Shackelford Miller, Jr. in Louisville, and then settled in Danville where he practiced law for twenty-two years. In 1958 he formed a partnership with Nelson Rhodes, and together they specialized in litigation, tax law and business counseling. At one point Lively sat as a special trial judge of the Boyle Circuit Court during the illness of Judge Kendrick S. Alcorn. Aside from his law practice Lively served the community in a number of other ways. In 1952 he joined the Board of Trustees of Centre College, and has since been appointed a trustee for live. During the sixties and seventies, he was a member of the biracial Human Relations Council, The Kentucky Commission on economy and Efficiency in Government, and the Kentucky Judicial Advisory Committee.

On September 12, 1972, he was appointed by President Nixon to the Sixth Circuit Court and served as chief judge of that court from 1983 to 1998. At the time of his retirement Lively noted that a number of the cases he heard were “pacesetting” cases in areas such as abortion rights, affirmative action, desegregation, environmental protection, free speech and separation of church and state. A former law clerk, J. Kevin Buster, characterized Lively as “an old- fashioned Republican. He’s for the little guy, for individual rights, [and] established himself as a fiery defender of civil liberties, using his power to restrain governments and religions from forcing themselves on individuals.” In Lively words: “Some of the worst abuses in human history have been committed by governments in the name of religion. Our Founding Fathers wisely understood this and acted to prevent it, in no uncertain terms, in the Constitution.” [Lexington Herald-Leader, A12, January 4, 1998]

Judge Lively was a role model for his clerks and staff in 1989 when his portrait was presented to the Court in Cincinnati, his former law clerk Kay Randall spoke at the ceremony. She concluded her remarks by saying, “Judge Lively continues to demonstrate all of those qualities which so impressed me as a young clerk: integrity, experience, judicial temperament, scholarship, and a love of the law, and also the human qualities of fairness, compassion and patience. With all these qualities, the Judge has earned our respect and admiration.” [946 F.2d cxxiv]

Acquisition Information

Date Received	1998
Donor Information	Judge Pierce Lively donated his papers to the University of Virginia Law Library in January of 1998.

Content List

Box 1:

1991-1992; Adkins, Margie Jo v. Board of Education of Magoffin County, Kentucky and Carter Whitaker as superintendent. No. 91-6353. [Civil rights]
1991; Aetna Life and Casualty Co. v. Huntington National Bank. No 90-3047. [Fraud]
1980: Akron Center for Reproductive Health v. City of Akron. Nos. 79-3700/01 and 79-3757 [3 folders] [Abortion]
1990; Allstate Insurance Company v. Mercier, Mair and others. No.89-1889. [Ability]
1986; American Civil Liberties v. City of Birmingham. No. 84- 1637. [First amendment, Christmas decorations]

Box 2:

1982; American Fidelity Bank & Trust Co., et al v. John Heimann, Comptroller, et al. No. 81-5316. [Establishment of a bank branch]
1987-1988; Americans United for Separation of Church and State, et al, Phyllis Ball, et al v. The School District of the City of Grand Rapids, et al. No. 86-1860. [Attorneys’ fees]
1992; Americans United for Separation of Church and State, et al v. City of Grand Rapids v. Chabad House of Western Michigan, Inc. Nos. 90-2337, 91-1448; 91-1391. [Free speech]
1990-1993; Americans United for Separation of Church and State, Benjamin Baum, Phillis Ball, Walter Bergman; John Charles Bearden; Gilbert R. Davies and James T. Weaver v. City of Grand Rapids, MI, Chabad House of Western Michigan, Inc. Nos. 90-2337, 91-1391 II. [Free speech]
1989-1990; The Anspec Company, Inc. And Hugh Montgomery v. Johnson Controls, Inc., Hoover Universal, Inc., Hoover Group, Inc. And Ultraspherics, Inc. No. 89-2393. [Merger]

Box 3:

1994-1995; Anusbigian, Michael K. v. TrueGreen/Chemlawn, Inc. No. 94-1875. [Damages]
1989; Re: Arkamel Sales v. R. C. Marshall, et al and William Hunter v. Huey Blair, et al. Nos. 87-3568/88 -3411/87-415. [Allocation of costs]
1984; Austin, Amy v. Brown Local School District, et al. No. 83-3384. [Rehabilitation Act]
1993-1996; Baca, Antonio J. v. Bruce King, et al. No.94-2237. [Review under Administrative Procedure Act of Land Exchange]
1992; Bank One v. Woolum. No.92-5107. [Bankruptcy]
1975; Big Rivers Electric Corporation, et al v. EPA [Environmental Protection Agency] No.74-201; Tennessee Valley Authority v. EPA. No. 74-2020. [Environmental case]
1976; Blaylock, Gary, et al v. Cheker Oil C. Nos. 76-2149 and 76-2294. [Contempt of court]
1987; Boddy, Pinkie v. Charles Dean et al. No.85-6109. [Sexual discrimination]
1991; Boger, Diane v. Wayne County, MI, Vernice Davis-Anthony. No. 91-1222. [Employee involuntary transfer]

Box 4:

1988; Boyton v. TRW, Inc. No. 83-1773. [Employment]
1975; Bronson, Mona et al v. Board of Education of City School District of Cincinnati, et al. No.75-1244. [Desegregation of schools]
1982; Bronson, Mona et al v. Board of Education of City School District of Cincinnati, et al. No.82-3405/06/07. [School desegregation]
1992; Buck v. U.S. Department of Agriculture.No.91-3597. [Lack of prosecution]
1982; Butler, Robert C. v. Jim Rose, warden. No.80-1412. [Rape appeal]
1988; Calvert Investments v. Louisville & Jefferson County Sewer, et al. No. 87-5275. [Property rights]

Box 5:

1973; Cantrell, Margaret v. Forest City Publishing. No. 73-1081. [Damages for invasion of privacy]
1989; Carver v. Knox County v. Ned Ray McWherter, et al. No. 89-5341. [Conditions of confinement in penal facilities]
1992-1994; Charash, Helen v. Oberlin College. No. 92 39-52. [Wrongful detention of property]
1991; In Re: Chattanooga Wholesale Antiques, Inc., Still v. Rossville Bank. Nos. 89-6416/17. [Appeal]
1990; Cherokee Express v. Cherokee Express. No.90-1233. [Appeal]
1992-1993; Circuit City Store, Inc. v. Pioneer Investment Services Co. No. 92-5566. [Bankruptcy]
1987; Cleveland Newspaper Guild v. Plain Dealer Publishing, No. 86-3140. [Employment discrimination]
1992-1993; Cline, Boyd L. v. USA. No. 92-1139. [Taxes]

Box 6:

1982; Coastal Tank Lines, Inc. v. ICC. [Interstate Commerce Commission. No. 81-3292. [Motor Carrier Act of 1980]
1992-1993; Congregation Luvavitch Rabbi Shalom B. Kalmanson v. City of Cincinnati, No. 92-4016. [Constitutional challenge to city’s attempt to regulate by ordinance]
1989; Cottages Savings Association v. Commissioners of Internal Revenue. No. 89-1036. [Loss deductions]
1988; Dalm, Frances L. v. USA. No. 88-1079. [Taxes]
1984; Day, James v. Wayne county Board of Auditors, et al. No. 83-1378. [Employment discrimination]

Boxes 7-12:

1985, 1992; Demjanjuk, John v. Joseph Petrovsky, et al. No. 85-3435. [Extradition]

Box 13:

1989-1990; Desonier v. Sullivan, Secretary of Health and Human Services. No. 89-1167. [Social security]
1979; Detroit Police Officers Association, et al v. Coleman A. Young, Mayor of the City of Detroit, et al. No. 78-1163. [Affirmative action]
1983; Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western v. Consolidated Rail Corporation. No. 82-1890. [Dispute about jurisdiction]
1985; Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western v. Consolidated Rail Corporation. No. 8413-67. [Dismissal without prejudice]
1979-1980; Doe, Joe and Jane, Thomas B. Grost and Cora Grost v. Cathy E. Irwin, et al. No. 78-1056. [Distribution of contraceptives to minors]
1983; Dowling, Steven et al v. Richardson-Merril, Inc. Nos. 82-3617-28. [Right of action for prenatal injuries]
1973; Dunlop Co. v. Kelsey - Hayes Co. No. 72-1892/3. [Patent]

Box 14:

1988; Duvoisin v. Federal Deposit Insurance Corporation. Nos. 87-6102/03/04. [Appeal to determine limits of the jurisdiction of district courts over cases to which the FDIC is a party]
1992-1993; Echlin, Raymond Joseph, Ronald Bishop, Donald Johnson v. Robert LeCureux. Nos. 92-2009/92-2539. [Conspiracy to murder]
1974-1977; Equal Employment Opportunity Commission v. The Detroit Edison Co. Nos. 74-1007/08/09 and 74-1675. [Discrimination]
1989; Estate of Minnie Hale v. USA. No. 88-5711. [Taxes return]
1976-1977; Ewing, John et al v. Kentucky High School Athletic Association. No. 77-0021. [Student athletic participation]
1990; Friedreich, Michael J. v. Secretary of Health and Human Services. No. 89-3236 [Claimant’s right to reimbursement, Medicare Act]
1987; Farmer, Laura v. Lawrence Rogers. No. 86-4114. [Black lung benefits]

Box 15:

1992; Fausek, Thomas A. J. v. Robert E. White. No. 91-6087. [Attorney client privilege]
1994-1995; Federal Deposit Insurance Corporation v. Prince George Corporation, et al. No. 94-2161. [Right to a deficiency judgement]
1996-1997; Federal Deposit Insurance Corporation v. William K. Rahn and Franklin H. Smith, et al. No.96-1207. [Costs and attorney fees]
1994-1996; Ferndale Laboratories, Inc. v. Robert D. Cavendish, et al Members of the Ohio State Board of Pharmacy. No. 94-4108. [Violation of commerce clause]
1994-1995; Foy, Cynthia D. v. City of Berea, Oh., James H. Hinners, et al. No.94-3200 [Police encounter]
1993-1994; Gamma-10 Plastics, Inc. v. American President Lines, Ltd., American President Companies, Ltd. Nos. 93-3285/3286/ 94-1190. [Maritime case]
1975; Garrett, Sarah Sims, et al v. City of Hamtramck, et al. No. 75-2114 [”Miscellaneous matter”]

Box 16:

1974; Garrett, Sarah S. et al v. U.S. Department of Housing and Urban Development, et al. No. 73-1862. [Civil rights]
1987; Gaunlett, Roger v. Frank Kelley. No. 87-1488 [Criminal sexual conduct]
1986; Glen Back v. Benefits Review Board. No. 85-3466. [Black lung benefits]
1984; Glen Eden Hospital v. Blue Cross-Blue Shield. No. 83-1165. [Antitrust]
1978; Gordon, Harold v. City of Warren, MI. No. 76-2204. [Damages]
1983; In Re: Grand Jury Empaneled March 18, 1983. No. 83-5508. [Subpoena order to produce documents]
1997; Green, Rose Mary et al v. Larry Nevers, et al. Nos. 95-1940/41. [Wrongful death action, attorneys fees]
1986; Grier, Rita v. Lamar Alexander. No. 84-6055. [Desegregation of higher education in Tennessee]

Box 17:

1978; Hall, Hattie v. HEW. No. 77-1148. [Black lung claim]
1993-1994; Harris, John v. City of Akron, et al. No. 93-3056. [Real estate damages]
1995-1996; Harrison, Robert Dale v. Metropolitan Government of Nashville and Davidson County, TN and Board of Health. No.94-6042. [Discrimination]
1992; Heflin, Allen D. et al v. Stewart County, TN, David Hicks, Joe Henry Crutcher and Wanda Luffman. No. 90-6585. [Damages]
1981; Hill, Donald and Ronald v. The Duriron Company, Inc. No. 79-3635. [Alleged discriminatory discharge]
1976; Howe, Delbert et al v. Margarite Younger, et al. No. C76-0353 L(4). [Dismiss of complaint of constitutional deprivations]
1992-1993; Charter Township of Huron, MI v. Thomas C. Richards, Administrator of the Federal Aviation Administration, et al, City of Dearborn, MI v. Richards, et al. Nos. 92-3276, 92-1717. [Review of an order of the Federal Aviation Administration]

Box 18:

1972; International Brotherhood of Electrical Workers, Local 369 & Jesse Horges v. Olin Corporation. No. 72-1386. [Reinstallment of payment]
1994-1996; International Union, United Automobile Aerospace & Agricultural Implement Worker of America, Local 737; Martha Poston; Virginia Ligon; et al v. Auto Glass Employees Federal Credit Union; National Credit Union Administration Board, et al. Nos. 94-6349/6351. [Contracts]
1989; Jackson, Robert and Robert Gettys v. The Law Firm of O’Hara et al. No. 8805634. [Malpractice]
1983; Jet Courier Service, et al v. Federal Reserve Bank of Atlanta, et al. No. 83-3128 [Check collection services modification]
1983; Jones, Doyle v. Al C. Parken, Warden. No. 83-5097. [Guilty plea]
1972-1973; In the Matter of KDI Corporation. No. 72-1485. [Bankruptcy]
1992-1993; Kelly, Michael P. and John T. Kelly v. The Secretary, US Department of Housing and Urban Development and Dionne Staples. No. 92-4064. [Housing discrimination]
1995-1996; Kelly, Michael P. and John T. Kelly v. The Secretary, US Department of Housing and Urban Development and Dionne Staples. Nos. 95-3107/4141. [Housing discrimination]

Box 19:

1977; Krause, Arthur et al v. James Rhodes, et al. No. 76-1095. [Damages arising out of the events at Kent State University]
1993; Landgraf, Patricia v. McDonnell Douglas Helicopter Co., et al. No.92-5631. [Wrongful dead]
1986; Leaman, Mary v. Ohio Department of Mental Retardation. No. 85-3471 [Termination of employment]
1995-1996; Lochman, Carl; Elaine Lochman in behalf of Kelly and Kyle Lochman v. County of Charlevoix, MI. and Philo Sumner. No. 95-1930. [Rivers and Harbors Appropriation Act of 1899]
1987; In Re: Long Distance Telecommunications Litigation. Nos. 85-1684 and 86-1599
1993-1994; Mackey, Wendell Shane v. Dennis Dyke, Assistant Deputy Director of the Bureau of Correctional Facilities, MI. No. 93-1891. [Violation of inmates due process rights]

Box 20:

1994-1995; Malone & Hyde, Inc. and Subdividers v. Commissioner of Internal Revenue. No. 94-1607. [Income tax]
1990; Mallory v. Eyrich. No. 90-3558. [Emergency appeal]
1996-1997; Mararri v. WCI Steel, Inc. No. 46-4195. [Americans with Disabilities Act]
1989; 1989; Masters, Karen B. v. Bobby C. Crouch, et al. No. 88-5477. [Constitutional violations]
1995-1996; In Re: Robert C. McCafferty, Debtor v. Marion McCafferty. No. 95-3919 [Pension of husband in a divorce decree]
1986; Estate of A. McCoy v. Commissioner of Internal Revenue. No. 86-1008. [Forgiveness]
1995-1997; McPhearson, Douglas C. and Connie K. v. Arthur T. Kelsey, Thomas Scott and Richard Boushong, Steve Sowle and G. Michael Hocking. No. 95-2234/ 2269/ 96-1017. [Civil rights action]

Box 21:

1988; Michigan Road Builders Association v. William G. Milliken. No. 86-1239 (2 folders) [Michigan Minority Owned and Women Owned Business Act Case]
1995-1996; Monette, Roger and Doris v. Electronic Data Systems Corporation. No. 95-1114. [Discrimination on the basis of disability]
1985; In Re: Morgansten , David and Fred Grand Jury Proceedings. No. 84-5235. [Fifth Amendment Privilege against self-incrimination]
1989-1990; Mosley, Phillis v. Roland Hairston, Director of Ohio Department of Human Services, et al. Nos. 89-3473/3475. [Liability of state official for the payment of “pass through” or “disregard” payments under Aid to Families with Defendant Children (AFDC)]
1991; Moses v. Business Card Express, Inc. No. 90-1496. [Review of law clauses into franchise agreement]

Box 22:

1987; Mozert, Bob and Alicia v. Hawkins County, TN Board of Education. Nos. 86-6144/79, 86-6180, 87-5024. (4 folders) [Free Exercise Clause of First Amendment]
1973; National Steel Corporation v. Kinsman Marine Transit. No. 73-1686. [Admiralty case]
1983; Nichols, Roland and Gaylene v. Toledo Equipment Company, Inc. No. 82-1513. [Injury]
1980; NLRB [National Labor Relations Board] v. Unit Train Coal Sales, Inc. No. 79-1145. [Violation of National Labor Relations Act]

Box 23:

1992-1994; Ockerman, Fred v. May Zima Company, et al. Nos. 92-5265/66/68. [Securities and Exchange Act of 1934]
1983; Ohio Contractors Association v. William Keip and National Association of Minority Contractors. No. 82-3822. [Minority Business Enterprise Act]
1974; Olympic Fastening Systems v. Textron. No. 74-1203. [Patent case]
1974-1975; Orleans, Joseph V. v. USA. No. 74-1496. [Tort Claims Act]
1980; Parke, Davis and Co. v. Joseph Califano, Secretary of HEW [Health, Education and Welfare]. No. 78-1140. [Freedom of Information]
1980; Pate, James v. Steve Smith, et al. No. 80-3231. [Appeal from denial pf a petition for writ habeas corpus in a murder trial]
1994-1995; Peacock, John C. v. Landquest Limited, et al. No. 94-1028. [Diversity action]
1996-1997; Penny, James R. v. United Parcel Service. No. 96-3890. [Americans with Disabilities Act]
1991; Petkiewytsch, Leonid v. Immigration and Naturalization Service. No. 90-3953. [Deportation appeal]

Box 24:

1987; Pilarowsky, John v. Macomb County Health Department, et al. No. 86-1423. [Employment discrimination]
1985; Polo Fashions, Inc., et al v. Stock Byers International, etc. No. 84-3332. [Trademark infringement]
1995-1996; Raddatz, Matthew Eric and Jessey Wayne Raddatz (child) v. Shonie Beaubien, et al. No. 95-1402. [Child custody, damages, attorneys fees]
1982; Ranger Insurance Co. v. Knox Equipment Inc. No. 82-5028. [Insurance settlement]
1972; Redmon, Mildred v. USA. No. 72-1519. [First Opinion of Judge Lively]. [Tax Decision]
1978; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 78-3218 [Desegregation case]

Panel report from Judge Edwards, Judge Lively, and Judge Engel, 20 June 1978
Copy of letter from Pierce Lively to Judge Edwards with a handwritten reply from Judge Edwards regarding an opinion in the Reed v. Cleveland Board of Education case, 27 July 1978
Letter from Judge Lively’s secretary to John Hehman, clerk of U.S. Court of Appeals, regarding court record in Reed v. Cleveland Board of Education, 14 July 1978
Letter from Judge Lively to Judge Engel regarding a revision in the opinion with handwritten reply from Judge Engel, 11 July 1978
Letter from Judge Lively to John Hehman, clerk of U.S. Court of Appeals, enclosing the opinion in the case, 6 July 1978
Letter from Judge Lively to Judge Edwards regarding a revision in the opinion, 6 July 1978
Handwritten notes regarding revision on page 15 of Lively’s opinion
Page 15 of Lively’s opinion (2 copies)
Letter from Judge Lively to Judge Engel regarding edits on page 15 of his opinion, 3 July 1978
Letter from Judge Edwards to Judge Lively regarding Judge Lively’s opinion, 29 June 1978
Letter from Judge Lively to Judge Edwards and Judge Engel enclosing a proposed opinion, 28 June 1978
Judge Lively’s draft opinion in Reed et al. v. Cleveland Board of Education in the U.S. Court of Appeals for the Sixth Circuit
Notes on related cases
Handwritten draft opinion in Reed et al. v. Cleveland Board of Education No. 78-3218
Draft of order vacating judgment of lower court in Reed et al. v. Cleveland Board of Education
Order in Reed et al. v. Rhodes et al. in U.S. District Court in the Northern District of Ohio, Eastern Division, 21 April 1978
Handwritten draft opinion in Reed et al. v. Cleveland Board of Education
Schedule for oral arguments in case 78-3218
Prehearing memo for oral arguments in case 78-3218

1979; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 78-3520/3522. [Fees in school desegregation case]

Panel report for the U.S. Court of Appeals for the Sixth Circuit Court, 11 June 1979
Note to Judge Lively from Judge Edwards regarding Judge Lively’s opinion in case 78-3520/3522, 31 July 1979
Letter from Judge Lively to John Hehman, Clerk of U.S. Court of Appeals regarding Lively’s opinion in cases 78-3520/3522, 30 July 1979
Letter from Judge Lively to Judge Engel regarding Lively’s opinion in cases 78-3520/3522 with a note from Judge Engel concurring with Lively’s opinion and adding modifications to page 22 of the opinion, 16 July 1979
Letter from Judge Lively to Judge Edwards and Judge Engel regarding modifications to Lively’s opinion in cases 78-3520/3522, 16 July 1979
Letter from Judge Lively to Judge Edwards and Judge Engel regarding his opinion in cases 78-3520/3522, 13 July 1979
Opinion in Reed et al. v. Cleveland Board of Education 78-350/3522
Handwritten draft opinion in Reed et al. v. Cleveland Board of Education 78-350/3522
List of relevant cases
List of Professor Mearns’ billable hours
Notes on appellant’s and defendant’s briefs in 78-3520/3522
List of relevant cases on expert testimonies
Letter from Judge Lively to Judge Engel with a reply note from Judge Engel regarding a potential interim order in cases 78-3520/3522, 15 June 1979
Letter from Judge Lively to Judge Engel and Judge Edwards regarding a potential interim order in cases 78-3520/3522 with draft order attached, 15 June 1979
Letter from Judge Albert Engel to Judge Lively regarding authorization of payment to Professor Mearns, 12 June 1979
Schedule of oral arguments for cases 78-3520//3522
Pre-hearing brief on cases 78-3520/3522
Miscellaneous notes on Professor Mearns’ fees

1980; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 80-3574 [Cleveland School desegregation case]

Panel report regarding case 80-3574, 22 October 1980

Letter from Judge Lively to John Hehman, clerk of U.S. Court of Appeals regarding Judge Lively’s per curiam opinion in case 80-3574, 20 November 1980

Letter from Judge Lively to Judge Engel with note from Judge Engel concurring with Lively’s per curiam opinion, 17 November 1980

Letter from Letter from Judge Lively to Judge Edwards with note from Judge Edwards concurring with Lively’s per curiam opinion, 4 November 1980

Opinion from the U.S. Court of Appeals for the Sixth Circuit in Reed v. James Rhodes, et al. and the Cleveland Board of Education No. 80-3574

Draft per curiam opinion in case No. 80-3574

Letter from Gordon Foster, Professor of Education, to Dr. Margaret Fleming, Deputy Superintendent of the Desegregation Implementation for Cleveland Public Schools, 18 July 1980

Pre-hearing brief on case 80-3574, 22 October 1980

1980; Reed, Robert Anthony et al v. Cleveland Board of Education. Nos. 79-3131. Reed, Robert Anthony, et al v. Ohio Board of Education. No. 79-3132. [Desegregation]

Panel report regarding cases 79-3131/3132
Letter from Judge Lively to John Hehman, clerk of U.S. Court of Appeals, regarding orders in cases 79-3771/78-3521/79-3131/79-3132/78-3607/78-3608, 17 June 1980
Panel report regarding cases 79-3131/3132 with a note from Judge Edwards concurring, 18 June 1980
Panel report regarding cases 79-3131/3132 with a note from Judge Engel concurring, 10 June 1980
Order from the U.S. Court of Appeals for the Sixth Circuit regarding cases 79-3131/3132, 1 February 1979
Pre-hearing brief for cases 79-3131/3132, 9 June 1980

1982; Reed, Robert A. et al v. James A. Hodes, et al v. Ohio State Board of Education, et al. Nos. 81-3417/18. [Fees in school desegregation case]

Panel report for cases 81-3417/3418, 2 August 1982
Letter from Judge Lively to John Hehman, clerk of U.S. Court of Appeals, regarding the opinion in cases 81-3417/3418, 28 September 1982
Letter from Judge Lively to Judge Engel with note from Judge Engel concurring, 25 August 1982
Letter from Judge Lively to Judge Edwards with note from Judge Edwards concurring, 9 September 1982
Letter from Judge Lively to Judges Edwards and Engel regarding a proposed opinion in cases 81-3417/3418, 18 August 1982
Opinion in U.S. Court of Appeal for the Sixth Circuit for cases 81-3417/3418
Draft opinion for cases 81-3417/3418
Memo from “KFR” to Judge Lively regarding the district court’s award for fees in litigation of the case, 4 August 1982
Pre-hearing brief for cases 84-3417/3418, 2 August 1982
Motion for leave to intervene by Daniel R. McCarthy
Memo from Cathy Weber with attached courtroom calendar for 2 August 1982, 21 July 1982
Memo from Judge Hoffman to Judge Lively regarding a motion that was sent to Judge Hoffman by mistake, 14 July 1982
Motion to present oral argument by amicus curiae, 8 July 1982
Letter from William H. Baughman to John Hehman requesting that argument on behalf of appellant in 81-3418 be presented by counsel for appellant in 81-3417, 6 July 1982

Box 25:

1980; Reminga, Gertrude v. USA. No. 78-1154. [Wrongful death, Federal Tort Claims Act]
1993-1994; Reynolds, Harry L. Jr. v. International Amateur Athletic Association, The Athletic Congress, et al. No. 93-3884. [Jurisdiction in antidopping case]
1983; Rowland, Marjorie v. Mad River Local School District, Montgomery County, OH, a public school corporation, et al. No. 82-3218. [Continuation of employment]
1988; Schrand, Carl v. Federal Pacific Electric. No. 86-4158, 873005. [Age discrimination]
1981; Schultz, Leonard v. Newsweek, Inc. and The Evening News Association. No. 80-1090. [Damages for alleged defamation]
1990; Schwartz v. Electronic Data System. No. 88-1980. [Alleged fraudulent misrepresentations and breach of employment]
1979; Sequoyah, Ammoneta v. Tennessee Valley Authority. No. 79-1633. [Free exercise clause of the First Amendment. American Indians Religious Freedom. Cherokee Tribes]

Box 26:

1974-1975; Shack, Charles v. Charles Southworth, at al. No. 74-1823. [Discrimination]
1993-1994; Sims, Debra and Lyle Stephens v. National Highway Traffic Safety Administration; USA Department of Transportation and Federico Pena. Nos. 93-3239, 93-4087. [Standards for safe transportation in school buses for children in wheelchairs]
1995-1997; Smith, Sandra S. v. Ted W. Sushka. No. 95-4261. [Violation of Tenth and Fourteenth Rights]
1981; Southern Ohio Building Systems, Inc. v. US Occupational Safety and Health Review Commission. No. 79-3352. [Petition for review of an order of OSHRC]
1994-1996; Stacey, Ted v. Richard S. Fraser and William D. Koehler. No. 94-3850, 94-3932. [Fraudulent inducement and fraudulent conveyance]
1992; State of Michigan and USA Environmental Protection Agency v. The City of Allen Park, MI, et al. Nos. 91-1901/02. [Federal Water Pollution Prevention and Control Act of 1972]
1985; State of Ohio v. William D. Ruckelshaus, Environmental Protection Agency. No. 84-3667. [Clean Air Act]
1985; State of Ohio, et al v. US Department of Health and Human Services, Health Case Financing Administration. No. 84-3181. [Review of decision of the USHAS about federal financial assistance under the Medicaid Act]
1985; Storey, Robert et al v. Local 326, International Brotherhood, etc. No. 83-57-47. [Unio -employer representation breeched during negotiations with employer]
1995-1996; Teamsters Local Union No. 435 v. National Labor Relations Board. No. 95-9528. [Fair representation violation]

Box 27:

1990-1991; Tennessee Asphalt Company, et al v. Robert E. Farris, et al. No. 90-5945. [Affirmative action]
1980; Tolar, Michael v. Kinsman Marine Transit. No. 78-3054. [Negligence. Jones Act case]
1987; Traub, Gordon v. Commonwealth of Kentucky. No. 87-5245. [Tax revenues for alleged unconstitutional purposes]
1982; Tuohy, Jerome F. v. Ford Motor Company. No. 80-1572. [Age Discrimination Act case]
1983; United Coin Meter Co. v. Seaboard Coastline Railroad. No. 81-1681. [Damages to personal property]
1989-1990; United Steelworkers of America v. New Idea Farm Equipment Corporation. No. 89-3912. [Arbitration award]
1989-1990; United Transportation Union v. CXS Transportation, Inc. No. 89-3344 [Appeal]
1980; Universal Electrical Co. v. A. O. Smith Corporation. No. 79-1342. [Patents]
1978; University of Tennessee v. Rita Geir, et al. No. 77-1621. [Desegregation case]

Panel Report from Judges Lively, Engel, and Peck, 18 October 1978
Letter from Judge Albert Engel to Judge Peck and Judge Lively enclosing his dissenting opinion, 16 March 1979
Judge Albert Engel’s dissenting opinion in Geier, et al. v. University of Tennessee et al.
Copy of Letter from Judge Lively to Judge Engel and Judge Peck enclosing Lively’s opinion in Geier et al. v. University of Tennessee et al. with a handwritten reply from Judge Peck, 4 January 1979
Letter from Judge Lively’s secretary to John P. Helman, clerk of U.S. Court of Appeals enclosing the court record in cases 78-1620 and 78-1625, Geier et al. v. University of Tennessee et al., 28 December 1978
Letter from Judge Lively to Judge Engel and Judge Peck enclosing Lively’s opinion in Geier et al. v. University of Tennessee et al., 27 December 1978
Opinion in Geier et al. v. University of Tennessee et al. No. 77-1621, No. 77-1623, No. 77-1625 in the U.S. Court of Appeals for the Sixth Circuit
Notes on timelines of cases 77-1621, 77-1623, and 77-1625
Handwritten notes on previous opinions in this case
Handwritten list of related cases
Draft edits on opinion
Schedule for oral arguments in cases 77-1621, 77-1623, and 77-1625
Notes on oral arguments
Prehearing memo for oral arguments on 77-1621, 77-1623, and 77-1625

1975; USA v. Fred Abraham, et al. No. 75-2477. [Federal wiretap statute]
1991-1992; USA v. Terry Keith Arthur. No. 91-5314. [Armed bank robbery]

Box 28:

1991-1992; USA v. Bakke, Rau, Morris and Deuries. Nos. 90-1978/79/98/99. [Possession and distribution of marijuana]
1993; USA v. Cecil Borroughs, Jr. No. 93-5017. [Misdemeanor]
1985; USA v. John Charles Blankenship. No. 84-3737. [Possession of and dealing of firearms]
1989-1990; USA v. Michael Bryant. No. 89-3136. [Sentence for armed bank robbery]
1995-1996; USA v. Anthony Caicedo and William A. Ryan. Nos. 95-3242, 95-3513. [Unlawful seizures of individuals under the fourth Amendment]
1981; USA v. City of Parma, Ohio. No. 81-3031. [Fair Housing Act of 1968]
1973-1974; USA v. James Dye, et al. Nos. 73-1876-83. [Conviction of conspiracy to steal, theft and possession of goods]
1991; USA v. James Lee Evans. Nos. 90-6589/90. [Double Jeopardy Clause]
1989; Re: USA v. William K. Frazier and Mark B. DeBusk. Nos. 88-5392, 85-5528 [Collateral estoppel]

Box 29:

1996; USA v. Leslie A. Grable. No. 96-1339. [Civil contempt]
1983; USA v. William James, Jr. No. 70-5036. [Mail fraud case]
1995-1996; USA v. Gilbert Antonio Jarquin. No. 95-6218. [Violation of the Fourth Amendment]
1979; USA v. James Love. No. 78-5288. [Firearms violation]
1995-1997; USA v. Thomas A. Malcuit. No. 95-3794. [Presence of firearm while committing a drug trafficking offense]
1976; USA v. One 1975 Mercury 4-Door Automobile, Maroon in Color, etc. No. 75-2121. [Permit seizure of the Mercury automobile in which it is claimed that James Hoffa was abducted]
1992; USA v. Nichols. No. 91-5581. [Distribution of cocaine]
1994-1995; USA v. Anthony James Palazzolo and Richard Rosenbaum. Nos. 94-1364, 94-1553. [Conspiracy]
1995-1997; USA v. John A. Rapanos. No. 95-2169. [”Open Fields” Doctrine. Discharging pollutants]

Box 30:

1994; USA v. Dennis B. Sather, Jr. No. 94-1032ND. [Possession of ammunition by a felon]
1983; USA v. Leslie B. Schlansky. No. 82-5200. [Validity of taxpayer’s refusal to comply with administrative summons by the IRS]
1993-1994; USA v. James Spinelle No. 93-248. [Congress alteration of the discretionary authority of the district court]
1994-1996; USA v. Gregory Surrat. No. 94-4117. [Child pornography]
1986; USA v. Howard Underhill, et al. No. 86-5409. USA v. Pat Tata, et al. No. 86-5412. [Illegal gambling telephone conversations recorded]
1974; USA v. Wac, Dennis, et al. Nos. 73-1588-1593. [Violation of interstate gambling statute]
1990; USA v. Warner Bros. Well Drilling. No. 89-5494. [Federal Water Pollution Control Act]
1974-1975; USA v. Anthony Williams. No. 75-1347. [Possession of arms]
1985; Utica Packing v. Robert Bergland, Secretary of US Department of Agriculture. No. 85-1324. [Bribing]
1980; Van Curen , George D. v. A. R. Jago, et al. No. 80-3351. [Parole]
1984; Vaughn, Mendell et al v. The City of Flint. No. 83-1368. [Criminal contempt]

Box 31:

1993; Virtual Maintenance Inc. v. Prime Computer, Inc. Nos. 90-2249, 91-1273 [Anticompetitive tying]
1990; Warren, Robert v. Society National Bank. No. 89-3331. [Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq.]
1976-1977; Weldon, Dahlari, et al v. Monroe County Probate Court, et al. No. 74-2095. [Parental rights]
1976; Wells, John, et al v. Murray State University. No. 75-1985. [Tenure track. Denial of due process]
1985; Wilson v. Beebe. Nos. 82-1362/1385. En Banc (2 folders) [Damages resulting from a negligent deprivation of a liberty interest]
1994-1996; Wixson, Georgiana A., et al v. Dowagiac Nursing Home, et al. No. 94-2373. [Unlawful employment tactics]
1980; Wright, John v. State of Tennessee. No. 77-1546. En Banc. [Age discrimination]

Box 32:

1993-1994; Wulf, Russell and Ronald Reutsehler v. Quantum Chemical Corporation, Quantum Employee Stock Ownership Plan for Hourly Represented Employees. No. 93-3061. [Employee Retirement Income Security Act of 1974]
1993-1994; Yellow Freight System, Inc. v. Robert B. Reich, Secretary of Labor and Willie W. Smith. No. 93-3488. [Violation of Section 405 of the Surface Transportation Act of 1982]

Court Committees Files

1986; Ad Hoc Court Committees
1984-1988; Advisory Committee on Rules [2 folders]
1986; Advisory Committee Meeting
1985; Chambers Assignments
1983-1984; Committees of the United States Court of Appeals. Sixth Circuit
1976; Committee to Recommend Senior Staff Attorney
1979-1982; Docket Control Committee [2 folders]

Box 33:

1984-1988; Docket Control Committee [4 folders]
1986; Gramm, Rudman, Hollins Legislation [Reduction of court costs]
1983; Library Committee
1986; Motions Practice Subcommittee
1984-1986; Rules Committee [2 folders]

Court and Council Meetings

Box 34:

1983; Court Meeting. [Court practices and procedures]
1984; Court Meeting Minutes, 1/16/84
1984; Court Meeting Minutes, 10/13-14/84
1984; Court Meeting Minutes, 11/13/84
1985; Court Meeting Minutes, 6/12/85
1985; Court Meeting Minutes, 12/9/85
1986; Court Meeting Minutes, 5/8/86
1986; Court Meeting Minutes, 10/3/86
1987; Court Meeting Minutes, 1/28/87
1987; Court Meeting Pending, 6/3/87
1987; Court Meeting Minutes, 11/4/87
1987; Court Meeting Minutes, 12/9/87 [2 folders]
1988; Court Meeting Minutes, 1/20/88
1974; Circuit Council. Powers, Functions, Duties
1983; Council Meeting. Chief Judge Lively, 10/31/83
1984; Council Meeting, 2/20/84 [2 folders]
1984; Council Meeting, 8/28/84
1984; Council Meeting, 11/13/84
1985; Council Meeting, 1/14/85
1985; Council Meeting, 3/4/85

Box 36:

1985; Council Meeting, 6/13/85
1985; Council Meeting, 9/11/85
1986; Council Meeting, 2/18/86
1986; Council Meeting, 4/9/86
1986; Council Meeting, 5/14/86
1986; Council Meeting, 11/12/86
1987; Council Meeting, 6/3/87
1988; Council Meeting, 1/20/88 En Banc Material

Judicial Conferences

Box 37:

1987; Committee Survey
1984; Conference of Chief Judges
1984; Conference of Chief Judges. Ad Hoc Committee on Attorney Fees
1986; Conference of Chief Judges. Study Committee. Work of Circuit Councils
1986-1989; Conference Review Committee
1984-1987; Judicial Conference of the United States
1987; Judicial Conference of the United States. Committees
1986-1987; Judicial Conference of the United States. Study Committee
1988; Judicial Conference of the United States. Committee Membership and Jurisdiction
1976-1985; Judicial Conference. Planning Committee. Studies of Other Conferences

Box 38:

1983-1985; Ninth Circuit Judicial Conference
1980-1987, 1989, 1992; Sixth Circuit Judicial Court of the United States Conferences. [9 folders]

Correspondence, Papers, Speeches, etc.

Box 39:

1997; American Inns of Court Professionalism Award
1984; Antitrust Institute
1996; Archival Note
1984-1986; Congressional Testimony
1974-1992; Correspondence [3 folders]
1983-1993; Judge Anthony J. Celebrezze
1986-1987; Detroit Law School
1986; Judge George Edwards
1996; Federal Civil Litigation Seminar
1989-1992; Federal Court Study Committee
1973; Federal Judicial Center

Box 40:

1988; Justice Wendell H. Ford
1997; Chief Judge Boyce F. Martin
1987-1988; Judge Romano Mazzoli
1985-1991; Mitch McConnell
1987; Wade H. McCree Memorial
1988-1989; Chief Judge Gilbert S. Merritt
1988; National Seminar for Judges of US Courts of Appeals
1985; David Nelson
1985-1991; Justice Sandra O’Connor
1993; Judge John Peck
1984; Judge Harry Phillips
1991; Portrait Presentation. Ruth Nestor Painter
1988-1989; Justice Lewis Powell
1990; Ken Ripple
1973-1991; Speeches
1994; Justice Potter Stewart
1984-1985; Judge Mac Swinford

Chief Judge General

Box 41:

1978-1983; Circuit Executive. Correspondence. [Illustrative Materials]
1988; Change-Over. Judge Lively Stepped Down as Chief Circuit Judge
1983; Clerks’ Office. Correspondence. [Illustrative Materials]
1983; Conference of Chief Judges
1983; Conference of Chief Judges. Minutes
1984-1986; Conference of Chief Judges. 28 USC 372(c). Judicial Misconduct and Disability
1984-1985; Death Penalty Rule
n.d.; Disqualification. (Restricted until 2007)
1985; Division of Duties between Clerk and Circuit Executive. [Illustrative Materials]
1986; Interview with Judge Lively
1986-1987; Judge James Ryan

Box 42:

1984; Judges Meeting. Detroit
1987; Louisville Courthouse Construction
1983-1986; Miscellaneous Chief Judge Materials [2 folders]
1983-1991; New Procedures
1984; Non Appropriated Funds
1981-1984; Pre-Argument Conference
1985; Reassignment of Cases Following a Death of a Judge. Cases Assigned to Judge Phillips
1984-1986; Testimonies Before Congressional Committees

Box 43:

1984-1985; Testimonies Before the Intercircuit Tribunal
1987-1988; Time-consuming Issues for Chief Judges. Examples

Chief Judge Bankruptcy

1985; Ad Hoc Screening Committee. Bankruptcy Appointments
1984; Bankruptcy Act of 1984
1984-1985; Bankruptcy Appointments [2 folders]
1984; Bankruptcy Interim Model
1987; Bankruptcy Interim Model. Kentucky. Western [2 folders]

Box 44:

1986-1987; Bankruptcy Interim Model. Ohio. Southern. (The Bankruptcy Amendments of 1984 placed responsibility in the courts of appeals for appointing bankruptcy judges) [2 folders]
1982-1983; Bankruptcy Judge Procedure - Ad Hoc Committee
1985-1986; Bankruptcy Screening Committees
1977-1983; Bankrupts Legislation. Reform Act of 1978 and Act of 1980
1983-1984; Committee on Bankruptcy Judge Appointments [2 folders]
1982; Committee to Review Bankruptcy Judge Positions
1986; Lighter Caseloads. Bankruptcy Judges
1987; Retirement for Bankruptcy Judges

Standing Committee on Rules of Practice and Procedure

Boxes 45-46:

1987-1989; Standing Committee on Rules of Practice and Procedure. Meetings. [5 folders]
1987-1989; Standing Committee on Rules of Practice and Procedure. General Correspondence
1988; Standing Committee on Rules of Practice and Procedure. Subcommittee on Local Rules. [3 folders]

Federal Rules of Appellate Procedure (FRAP)

Box 47:

1980; Advisory Committee
1981-1982; Advisory Committee. Correspondence
1979; Advisory Committee. Meeting 12/14/1979
1982; Advisory Committee Meeting, 11/15-16/1982. [2 folders] [Judge Lively First Meeting as Chairman of Frap Committee]
1983; Advisory Committee Meeting, 12/1983

Box 48:

1985; Advisory Committee Meeting, 4/23/1985
1986; Advisory Committee Meeting, 12/3/1986. [Judge Lively Final Meeting as Chairman of FRAP Committee]
1982-1986; Advisory Committee. Membership
1982-1983; Committee on Rules of Practice and Procedure Standing Committee
1985-1987; Committee Report. Carol Ann Mooney
1986-1987; Committee Report. Ken Ripple
1985-1990; Correspondence
1982-1983; Federal Magistrate Act. Rules Changes Finally Adopted
1982; Judge Lively Clerks’ Meeting

Box 49:

1984; Rule 30 Report
1982-1983; Rules Adopted, 11/15/1982 with changes in Magistrates Rules as 6/16/1983

Miscellaneous

1986; Continuing Judicial Education, Seminars for Federal Judges. Example; “Federal Judicial Center Seminar on Constitutional Adjudication and the Judicial Process in the Federal courts”
n.d.; Notes of the US Law Week Supreme Court Reports [2 folders]
1988-1992; Notes about the briefs in each case. Examples

Box 50:

1997; Retirement
1997; Retirement Newspaper Articles
n.d.; Unpublished Decisions Prior to 1985 that do not appear in WestLaw, with few exceptions

Published Materials

Hearing before the Subcommittee on Courts of the Committee on the Judiciary United States Senate, 95th Cong., 1st Sess., S.704 (1985) (Witness Pierce Lively, chief judge, US Court of Appeals for the Sixth Circuit)
Oversight Hearing before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary House of Representatives, 95th Cong., 1st Sess. (1985) (Pierce Lively, chief judge, Sixth Circuit Court of Appeals Prepared Statement)
Pierce Lively, A Tribute and Challenge to Exceptional Law Students, 77 Ky L. J. (1988-89)
----------------, A View from Below, 4 Det. C. L. Rev. (1986)
----------------, Forward, 15 U. Tol. L. Rev., (1984)
Practitioners’ Handbook for Appeals to the United States Court of Appeals for the Sixth Circuit. Prepared by the Cincinnati Chapter of the Federal Bar Association, 4 ed., May 1984
Report of the Proceedings of the Judicial Conference of the United States. March 17, 1987. Washington, D. C., 1987
Sixth Circuit Federal Practice Manual. (Prepared by the Cincinnati Chapter-Federal Bar Association. Cincinnati, Anderson Publishing Co., 1993
2 Large Card Files of Cases, organized in alphabetical order.
One Box of Card Files organized by subject.

Associated People

Pierce Lively

Use Policy

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Use Restrictions	There are no restrictions.
Preferred Citation	Papers of Judge Pierce Lively, MSS 98-2, [Box Number], Special Collections, University of Virginia Law Library
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