Order and Recommendation of Minor Modification of Forrest County School Plan

    United States Court of Appeals 

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408-400 ROYAL ST. 

CLERK NEW ORLEANS, LA. 70130 

September 10, 1970 

Clerk 

U. S.District Court 

P. O. Box 769 

Jackson, Miss. 

Nos. 28030 & 28042 - U.S.A. vs. Hinds 

County, et al 

Dear Sir: 

Enclosed is a certified copy of an order entered by 

the Court in the Forrest County School District. 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

  

= F. he  — 

Chief Deputy Clerk 

GFG/fcw 

Enc. 

cc and enc. to: 

Hon. Dan M. Russell, Jr. 

Mr. Melvyn Leventhal 

Mr. Jack Greenberg 

Mr. David L. Norman 

Mr. M. M. Roberts  



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IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT : 
  

NOS. 28030 & 28042 
  

BUFORD A. LEE, et al, 

‘Plaintiffs-Appellees 

Ve 

UNITED STATES OF AMERICA, 

  

  

Defendant-Appellant 

Ve 

MILTON EVANS, © 0 ie ULL i 

Third-Party i 

Defendant-Appellee 4 

| 
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1 | | Appeal from the United States District Court for 

the Southern District of Mississippi : 

| ( September 10, 1970 ) a: 

Before BELL, THORNBERRY, ‘and MORGAN, Circuit Judges 

BY THE COURT: = 

The recommendations of Honorable Dan M. Russell, Jr., 

| | United States District Judge, dated September 5, 1970 and 

| appended hereto, with respect to a modification in the Forrest 

county School District student assignment plan are approved and 

‘made the order of this court. 

 



  

IN THE UNITED STATES COURT OF APPEALS | 

FOR THE FIFTH CIRCUIT | 

    Nos. 28050 & 28042 

  

BUFORD A. LEE, etal, | 

Plaintiffs = Aopitloas; dF BR gst 

v. | ] fi ni | 

| | | UNITED STATES OF AMERICA, | 

| | | | i pg Defendant = Appellant, 

| | | Ve | 

| Sig 50 ~~ MILTON EVANS, 

| Third-Party 

Defendant - Appellee. 

(Consolidated with United States of Amerlen 

versus Hinds County School Board, et. al.) 

RECOMMENDATION OF MINOR MODIFICATION OF 

FORREST COUN Is MISSLsSIPPI, SCHOOL PLAN 
  

Following the Findings of Fact and Recommendation of this Court 

of May 22, 1970, in the above styled and numbered cause, the School District 

has presented ore tenus a modification to reduce Sunrise School {rom grade 

1 through 8 to grades 1 through 6, with the provision that grades 7 and & be 
-   fod 

) 
- assigned to Petal Junior High School, and for cause and in support thereo | 

has shown the Court thot in the initinl plan proposed by the Echool District 

in its motion to modify filed on March 20, 1070, it was proposed that Lunrise 

  

 



  

school serve grades 1 through 8 for students in its zone, which vould result 

(n an anticipated enrollment of 192 white students 2nd 92 negro students. 

This grade structure of grades | through 8 was in an effort to moke uniform 

all elementary schools of the district and was in anticipation of stablliing 

‘the district in order that additional funds could be acquired to promote 

additional classroom space for several schools, including Sunrise School. 

Following the submission of that Pony on two occasions, the School 

District has attempted to borrow sufficlent funds to acquire temporary and 

portable cle ssrooms to fill this need 2nd on each occasion public opposition has 

made the scquisition of necessary funds impossible and both efforts have becn 

defeated. 

sunrise school has a maximum building capacity of 210 students 

and in grades 1 through 6 and uring the 1369 = 1970 school year 2238 were 

in sttendance. Further, should grades 7 and 8 continue to be assigned at : 

that school there would be an anticipated enrollment of 284 students, or 

approximately 70 students above the maximum capocity. 

In grades 7 and 8 there are approximately €4 students, of which 

approximately 28 are black and 36 are white, and all €¢4 students would be 

assigned to Petel Hervey Junior High School where they would be in attendance . 

in any event after leaving grade 8. The enrollment remaining ot Sunrise 

School in grades 1 through € would be approximately 64 black students and 

156 white students. 

There i6 an anticipated enrollment for the coming school year at 

Petal Junior Hig School of approximately 745 white students and 20 black 

students and that the additional enrollment of the anticipate ed 29 black student 
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and 26 white students will not effect the basic results to be achleved in {he 

implementation of the plan ordered by the Court on August 5, 1070. 

  

                
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The School District, through counsel, has discussed this proposed 

minor modification with Honorable Don Rinzel of the United £tates Department 

of Justice, Civil Rights Division, and there is no opposition to this motion by 

Defendatit~Appellant since the sum total will be to avoid an over-crovding 

situation 2nd to achieve maximum utilization of available classroom space 

and not detract from the integration sought to be achieved through the order 

of the Court of August 5, 1870. 

| The Court accordingly recommends that the Board's proposed minor 

modification of reducing the grodes to be tought at Sunrise School from 1 ~ 8 

tol ~ 6 and the sssignment of grades 7 - 8 from Sunrise zone to Pefel Junior 

High School. be granted. 

Recommended 2nd signed in duplicate, the Clerk of this Court being 

directed to file one signed duplicate in his office and forward the other signed 

auplicate to the Clerk of the United States Court of Appeals, with copies to 
L 

be sent to all parties of record. 

4 7, 

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| eva os Ar. ase lr 
  

UNITED STATES DISTRICH JUDGE 

  

DATED: Sp L422 

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