Notice of Motion; Motion for Authority to Sell Equipment

    PowreLL & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MississIiPPI 39040 

  

: AREA CODE 6OI 
ROBERT H. POWELL, JR. May 22, 1972 TELEPHONE 859-185) 

JOE R. FANCHER, JR. FIRST NATIONAL BANK BUILDING 

Mr. Robert Cc. Thomas, Clerk 

United States District Court 

P. O..Box 769 
Jackson, Mississippi 39205 

Re: Joan Anderson, et al 

United States of America 

Vv, 

Canton Municipal Separate School District 

civil Action No. 3700(J) 

Dear Mr. Thomas: 

Enclosed for filing, please find Notice of Motion and Motion 

for Authority to Sell Equipment. 

Thanking you for your kind attention to this matter, I am 

  

Attorney for Defendant 

Canton Municipal Separate School District 

JRF Jr: bs 

Enc. 

CC: Honorable Dan M. Russell, Jr. 

Clerk, Circuit court of Appeals for Fifth Circuit 

counsel of Record 

 



  

PowrzrLL & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 30046 

AREA CODE 6OI 
ROBERT H. POWELL, JR. a 22 1 2 

' May ’ 97 TELEPHONE 859 -188I 
JOE R. FANCHER, JR. FIRST NATIONAL BANK BUILDING 

Honorable griffin B. Bell 

United States Circuit Judge 

P. O. Box 845 

Atlanta, georgia 30301 

Honorable Homer Thornberry 

United States Circuit Judge 

200 west Eighth Street 

Austin, Texas 78701 

Honorable J.ewis R. Morgan 

United States Circuit Judge 

P. 0. BOXx:759 
Newnan, Georgia 30263 

Re; Nos. 28030 and 28042 -~ USA v. Hinds County, et al 

(Canton Municipal Separate School District, et al) 

Dear Judges Bell, Thornberry and Morgan: 

Enclosed herewith, please find Notice of Motion and Motion 

for Authority to Sell Equipment as has been filed in the United 

States District Court for the Southern District of Mississippi 

and the United states Court of Appeals for the Fifth Circuit. 

Thanking you for your consideration and assuring you of our 

cooperation in every way, I am 

Sincerely your 

Ct A her id / 

de R. Fancher, Jr. 

JRF Jr: bs 

cC: Honorable Dan M. Russell, Jr. 

Clerk, Circuit Court of Appeals 

for Pifth Circuit 

Clerk, District Court 

counsel of record 

 



  

PoweELL & FANCHER 

ATTORNEYS AT LAW 

PO, BOX 245 

CANTON, MissSissSIPPI 30046 

ROBERT H. POWELL, JR. May 22 ’ 1972 AREA S0pa 20 TELEPHONE 859 -i88I 

JOE R. FANCHER, JR. FIRST NATIONAL BANK BUILDING 

Honorable Edward WwW. wadsworth, Clerk 

United States Court of Appeals for the pifth Circuit 

400 Royal Street —- Room 408 

New Orleans, Louisiana 70130 

Re: Nos. 28030 and 28042 - USA Vv. Hinds County, et al 

(Canton Municipal Separate School District, et al) 

Dear Mr. Wadsworth; 

Enclosed herewith for filing in the above captioned cause 

please find Notice of Motion and Motion for Authority to Sell 

Equipment as has been filed in the United States District Court 

for the Southern District of Mississippi, Civil Action No. 3700, 

contemporaneously herewith. 

Thanking you for your usual fine cooperation, I am 

Sincerely your 

hs 2 fe BB ad 
Joe R. Fancher, Jr. 

JREJr:08 

CC: Honorable Dan M. Russell, Jr. 

Honorable Griffin B. Bell 

Honorable Homer Thornberry 

Honorable Lewis R. Morgan 

counsel of Record 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

JACKSON DIVISION 

JOAN ANDERSON, et al., 

Plaintiffs, 

UNITED STATES OF AMERICA, 
Plaintiff-Intervenor, 

Vv. CIVIL ACTION NO. 3700(J) 

CANTON MUNICIPAL SEPARATE SCHOOL 

DISTRICT, et al., 
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Defendants 

NOTICE OF MOTION 
  

PLEASE TAKE NOTICE that Defendants will bring on for hearing 

before the Honorable Dan M. Russell, Jr., Judge for the ynited 

States District Court for the Southern District of Mississippi, in 

the United States Courthouse in Jackson, Mississippi, on the 31st 

day of May, 1972, at 9:00 o'clock A.M., Or as soon thereafter as 

counsel may be heard, the attached Motion for Authority to Sell 

Equipment. 

  

Al 
JO: RB. TANCHOER, OR. 7 

Pp, OO. Box 245 
canton, Mississippi 739046 

  

Attorney for Defendants 

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IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF MISSISSIPPI 

JACKSON DIVISION 

JOAN ANDERSON, et al., 
plaintiff, 

UNITED STATES OF AMERICA, 
Plaintiff-Intervenor 

Va CIVIL ACTION NO. 3700(J3) 

CANTON MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al., 

Defendants 
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FH HH HHH KH HK HHH HH KH HK HHH HK HH KKK KK 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 and 28042 

  

MOTION FOR AUTHORITY 
TO SELL EQUIPMENT _ 
  

  

COME NOW Defendants, Canton Municipal Separate School District, 

et al., in the above styled and numbered cause, and respectfully 

moves the Court for authority to sell certain equipment, such 

equipment being described and identified in Exhibit "A" which is 

attached hereto and made a part hereof. 

IN SUPPORT OF THIS MOTION Defendants would respectfully show 

unto the Court the following: 

1. Pursuant to findings of fact and recommendations dated 

August 16, 1971 of Honorable Dan M. Russell, Jr., United States 

District Judge for the Southern District of Mississippi, as modified 

by Order of the ynited States Court of Appeals for the Fifth Circuit, 

dated August 24, 1971, in the above styled and numbered causes, 

pefendants were authorized to close the attendance center then known 

as Canton Junior High School, provided that none of the property, 

equipment or materials relative thereto would be sold or otherwise 

disposed of without Court approval. 

 



  

2. The Defendant School District owns certain property located 

and situated, and formerly used, in the aforesaid Canton Junior 

High School (now closed) which is not used for school or related 

purposes; which is not needed on the operation of the schools of 

this district; which is surplus, obsolete and in poor condition; 

and which is identified and described in the aforesaid Exhibit "A" 

attached hereto and made a part hereof. 

3. The Defendant School District purposes, and is hereby 

requesting authority, to sell said property upon advertisement and 

competetive bids in the manner and as required and provided by Chapter 

28 of the Laws of Mississippi, Extraordinary Session of 1953, as 

amended. 

lk. precedent to the filing this motion, the Defendant School 

District has adopted the required resolution under the terms of the 

aforesaid Laws of Mississippi, a copy of which resolution is attached 

hereto as Exhibit "B" and made a part of this motion. 

This motion is based upon the pleadings, reports, and other 

evidence already in the record of this cause, and upon such additional 

evidence as may be adduced at the hearing of this motion. 

Respectfully submitted, 

CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT 

A XK Tle ASR 
  

joe R. Fancher, gs 

Attorney 

 



  

  

  

  ITEM NO. DESCRIPTION NUMBER 

1. Teachers Desk, Wooden 42 

a student desk, metal with 

wooden top 158 

53> Folding chairs, metal 38 

i, plastic Metal student desk 

(Formica Top) Math 10 

5. Plastic student desk, plain 

formica top 3 

6. Home made book case 1 

7. wooden secretary tables 14 

8. wooden work tables 15 

9 Large commercial washing 

machine 1 

10. wooden hat and coat rack 2 

11. wooden folding chairs 2 

12, Small elementary straight 

chairs 126 

13, Secondary wooden straight 

chairs 135 

1k, Plastic-metal straight 
chairs 3 

15. Medicine - storage cabinet k 3 

16. whirlpool bath, electric 1 

x7. Automatic washer " 

18. Automatic dryer 1 

19, Large portable black boards 3 

20. Large wooden storage foot 

locker 3 

21. Metal teachers desk l 

22. Tripod map stand 2 

23, Metal-wooden desk (good 
condition) 3 5 

24. Metal wastepaper cans 16 

25. - Metal atlas rack 1 

26. Metal typewriter teaching 
stand x 

27 + Metal adjustable projector 

stand 1 

28. pPeridocial-news stand 1 

29. Teachers speech console % } 

30. Students speech console 30 

31 Marble top - glass display 

case 1 

22. wooden portable black board 1 

33 Metal wall vault (large) 1 

34, wooden auditorium seats 586 

rol 

 



  

RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF 

CERTAIN PROPERTY NOT USED FOR SCHOOL OR RELATED 

PURPOSES AND NOT NEEDED IN THE OPERATION OF THE 

SCHOOLS OF THE CANTON MUNICIPAL SEPARATE SCHOOL 

DISTRICT. 

WHEREAS, the Canton Municipal Separate School District is 

a school district with added territory as described in Chapter 

28, Laws of Mississippi, Extraordinary Session of 1953, as 

amended; and 

WHEREAS, this school district owns certain property which is 

not used for school or related purposes, and which is not needed 

in the operation of the schools of this district, such property 

being described and identified in Exhibit "A" which is attached 

hereto and made a part hereof; and 

WHEREAS, said property is surplus, obsolete and of no use 

to this school district and should be sold in accordance with 

section 6328-41 et. seq., of the Mississippi Code of 1942, as 

amended; and 

WHEREAS, precedent to such sale, it is necessary to secure 

the approval of the United States Court of Appeals for the Fifth 

Circuit as required and provided by Order of said court entered 

in Cause Numbers 28030 and 28042, dated November 7, 1969, as 

modified by Order dated August 24, 1971; 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES 

OF THE CANTON MUNICIPAL SEPARATE $CHOOL DISTRICT, CANTON, 

MADISON COUNTY, MISSISSIPPI, AS FOLLOWS: J 

SECTION 1: That the property described im Exhibit "A", 
  

attached hereto and made a part hereof, is not used for school 

or related purposes, is not needed in the operation of the 

schools of this district, and should be sold. 

SECTION 2: That said property shall be advertised for sale 
  

upon competetive bids in the manner provided by Chapter 28 of 

the Laws of Mississippi, Extraordinary Session of 1953, as 

amended, 

SECTION 3: That the attorney for this school district be, 
  

and he hereby is, authorized, empowered and directed to initiate 

and pursue such action as may be necessary to secure the approval 

of the Courts of the United states of America to effecutate and 

implement the terms, provisions and intents of this resolution. 

APPROVED, PASSED AND ADOPTED, this the 2nd day of May, 1972. 

The above and foregoing resolution was first reduced to 

writing and offered by Trustee James Who moved the adoption thereof, 

VE tin Rd 

Coe brat TBF i, 

 



  

which motion was seconded by Trustee Hardy. After having been 

read, considered, approved and adopted section by section, the 

resolution was then approved and adopted as a whole, and the 

vote on the final passage thereof was as follows; 

Trustees voting "AYE": Hardy, James, Morgan and Riddell. 

Trustees voting "NAY": None. 

Trustees absent or not voting: Holmes. 

WHERLUPON, the president declared the resolution passed, 

adopted and approved this the 2nd day of May, 1972. 

* * FH * # OH ¥ * HK * * OH OH * H HK * * * * 

SERTIFPITOATE 
  

I, Thomas L. James, the duly elected, qualified and acting 

secretary of the Board of Trustees of the Canton Municipal Separate 

school District, Canton, Madison County, Mississippi, do hereby 

certify that the above and foregoing is a true and correct copy 

of a "RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF CERTAIN 

PROPERTY NOT USED FOR SCHOOL OR RELATED PURPOSES AND NOT NEEDED 

IN THE OPERATION OF THE SCHOOLS OF THE CANTON MUNICIPAL SEPARATE 

SCHOOL DISTRICT" as adopted by the Board of Trustees of said 

school district on May 2, 1972, as the same appears and remains 

of record in the Minutes of said school district. 

WITNESS my signature this the 2nd day of May, 1972. 

“Thomas L. /fames, Secretary 

Canton Muricipal Separate 

    

  

School District. 

 



  

7 

  

  

  ITEM _NO. DESCRIPTION NUMBER 

1% “ Teachers Desk, wooden . 42 

2. : student desk, metal with 

wooden top 158 

3 Folding chairs, metal 38 

by, Plastic Metal student desk 

(Formica Top) Math 10 

5 plastic student desk, plain 

formica top 3 

6. . Home made book case 1 

7. wooden secretary tables 14 

8 d wooden work tables 15 

9 Large commercial washing 

machine 5  ; 

10. wooden hat and coat rack 2 

ll. wooden folding chairs 2 

12, | | ‘Small elementary straight 
chairs 126 

13. secondary wooden straight 

chairs 135 

ik. pPlastic-metal straight 

chairs 3 

15. Medicine - storage cabinet 1 

16. whirlpool bath, electric ‘} 

17. : Automatic washer l 

18, Automatic dryer 1 

29. Large portable black boards 3 

+ 20. Large wooden storage foot 

locker i 3 

RL. Metal teachers desk 1 

22. Tripod map stand | 2 

23.  Metal-wooden desk (good 

condition) 33 

24 , Metal wastepaper cans 16 

25. Metal atlas rack 1 

26. Metal typewriter teaching 

stand : ¢ 

275 : Metal adjustable projector 

stand k 

28. peridocial-news stand i 4 

29. Teachers speech console 1 

50, Students speech console 30 

51 fat ~~ Marble top - glass display 

case i 

32. wooden portable black board 5 

3% Metal wall vault (large) 1 

34. wooden auditorium seats 586 

rts d2s ? 77 
TO RESOLyT/ON 17B0PT ED 

py 2, (TR Zz... J 

 



  

CERTIFICATE OF SERVICE 
  

I, Joe R. Fancher, Jr., Attorney for Defendants, Canton 

Municipal Sepery School District, do hereby certify that on 

this the 7 nO of May, 1972, I caused to be served by United 

States Mail, postage prepaid, true and correct copies of the 

foregoing Notice of Motion and Motion for Authority to Sell Equipment 

upon attorneys of record for plaintiffs and plaintiff-Intervenor, 

addressed as follows: 

Mr. Melvyn R. Leventhal 

538-5 North Farish Street 
P. O. Drawer 290 

Jackson, Mississippi 39202 

Mr. Melvyn Zarr 

10 columbus (Circle, Suite 2030 

New York, New York 10019 

Mr. David LL. Norman 

Deputy Assistant Attorney General 

Department of Justice 

washington, D.C. 20530 

Honorable Robert E. Hauberg 

United States Attorney 

P..-0O« Box 2091 

Jackson, Mississippi 39205 

pone this the 22nd day of May, 1972. 

. Tne ds SSA 
  

7 Joe RR: rancher, 

Attorney at Law 

Py 0O.-BOX 245 
canton, Mississippi 39046