Bernard v. Gulf Oil Company Reply Brief for Appellants on Rehearing En Banc

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December 21, 1979

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Case Files, Alexander v. Holmes Hardbacks. Supplemental Data in Support of Motion for Canton District Desegregation Plan, 1970. f37a1835-d267-f011-bec2-6045bdffa665. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a6fee087-60e1-4c2b-a66a-e3d3b6558354/supplemental-data-in-support-of-motion-for-canton-district-desegregation-plan. Accessed August 19, 2025.

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POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, Mississirpr 38046 

ROBERT MH. POWELL, JR. TELEPHONE 8359-1851 

JOE R. FANCHER,: JR. 
Sree oar September 24, 1970 FIRST NATIONAL BANK BUILDING 

Mr. Robert C. Thomas, Clerk 
United States District Court 

Jackson, Mississippi 392035 

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 the original and cone copy of 

supplemental data in support of Motion for Modification of Deseg- 

regation Plan, now pending. 

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

Sincerely yours, 

or Pols 
Joe R. Fancher, Jr. 

Attorney for Defendant 
Canton Municipal Separate 
School District 

  

FRJ jr; cs 
Enc: 

cc: Honorable Dan M. Russell, Jr. 
United States District Judge 
P. O. Drawer 1930 
Gulfport, Mississippi 39501 

Counsel of Record 

 



  

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, CIVIL ACTION NO. 3700 

V. 

CANTON MUNICIPAL SEPARATE 
SCHOOL DISTRICT, etal., 

Defendants. 

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SUPPLEMENTAL DATA 

IN SUPPORT OF MOTION FOR 
MODIFICATION OF DESEGREGATION PLAN 

  

NOW COME the Defendants, CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT, 

et al, in the above styled and numbered cause and file this supplemental data in support of 

the Motion for Modification of Desegregation Plan filed herein by them and now pending 

before this Court, and respectfully show unto the Court the following: 

The aforesaid Motion for Modification contained certain statistical data based upon 

numbers of students enrolled for the 1969-70 school year. The schools of the defendant 

district are now open and in operation, and defendant suggests that it should submit for the 

benefit of the Court and Counsel current actual and projected figures based upon enrollment 

for the 1970-71 school year. The following are tabulations of such numbers: 

ASSIGNMENT OF PUPILS IN 
ACTUAL ATTENDANCE UNDER 

EXISTING HEW 
DESEGREGATION PLAN 
  

  

    
  

School Grades White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

Canton Elementary 1-3 20 541 561 3.56% 96.44% 
McNeal Elementary 1-3 9 533 542 1.66% 98.34% 

Nichols Elementary 4 - 6 22 1175 1197 1.85% 98.15% 

Canton Junior High 7 6 253 259 2.32% 97.68% 

Canton High 8-12 19 1311 1330 1.43% 98.57% 
  

  

Totals 76 3813 3889 1.93% 98.07% 

 



  

School 

Canton Elementary 
McNeal Elementary 
Nichols Elementary 
Rogers Elementary 
Canton Jr. High 
Rogers Jr. High 
Canton High 

Totals 

Center 

Canton Elementary 
McNeal Elementary 
Nichols Elementary 
Canton Jr. High 
Canton High 

Totals 

School 

Canton Elementary 
McNeal Elementary 
Nichols Elementary 
Rogers Elementary 
Canton Jr. High 
Rogers Jr. High 
Canton High 

Totals 

PROJECTED ASSIGNMENT OF 
PUPILS IN ACTUAL ATTENDANCE 
UNDER PROPOSED AMENDMENT 
(BY SCHOOL ORGANIZATION) 
  

  

  

  

  

  

  

  

  

  

  

  

  

  

    

Grades White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

1-7 52 403 455 11.43% 88.57% 
1-7 1 596 597 0.17% 99.83% 
1-7 3 1111 1114 0.27% 99.73% 
1-7 ] 467 468 0.22% 99.78% 
8-9 7 289 296 2.37% 97.63% 
8-9 3 307 310 0.97% 99.03% 
10 - 12 9 640 849 1.39% 98.61% 

1-12 76 3813 3889 1.93% 98.07% 

PROJECTED ASSIGNMENT OF 
PUPILS IN ACTUAL ATTENDANCE 
UNDER PROPOSED AMENDMENT 
(BY ATTENDANCE CENTER) 

Grades White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

<7 52 403 455 11.43% 88.57% 
1-7 1 596 597 0.17% 99.83% 

1-7 3 1111 1114 0.27% 99.73% 
8-9 7 289 296 2.37% 97.63% 
1-12 13 1414 1427 0.91% 99.09% 

1-12 76 3813 3889 1.93% 98.07% 

PROJECTED MAXIMUM ASSIGNMENT 
OF ALL PUPILS IN DISTRICT 
UNDER PROPOSED AMENDMENT 
(BY SCHOOL ORGANIZATION) 

Grades White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

1-7 528 403 931 57% 43% 
1-7 36 596 632 6% 94% 

Co] -7 126 1111 1237 11% 89% 
1-7 72 467 539 13% 87% 

8-9 183 289 472 38% 62% 
8-9 52 307 359 14% 86% 
10 - 12 322 640 962 33% 67% 

1-12 1319 3813 5132 26% 74% 

 



  

Center 

  

Canton Elementary 
McNeal Elementary 
Nichols Elementary 
Canton Jr. High 
Canton High 

Totals 

PROJECTED MAXIMUM ASSIGNMENT 
OF ALL PUPILS IN DISTRICT 
UNDER PROPOSED AMENDMENT 
(BY ATTENDANCE CENTER) 
  

    

  

  

    

Grade White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

1-7 528 403 931 57% 43% 
}~7 36 596 632 6% 94% 
1-7 126 1111 1237 11% 89% 
8-9 183 289 472 38% 62% 
1-12 446 1414 1860 24% 76% 

1-12 1319 3813 5132 26% 74% 

Respectfully submitted, 

CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT 

oe 
Te 

By: ha i Vcd ~2n Is 
  

Sed) Joe R. Fare Jr. 
Attorney for Defendants 

 



  

CERTIFICATE OF SERVICE 
  

|, Joe R. Fancher, Jr., Attorney for Canton Municipal Separate School District, 

do hereby certify that on this the 2¢/ day of September, 1970, | caused to be served 

by United States mail, postage prepaid, true and correct copies of the foregoing supple- 

mental data in support of Motion for Modification of Desegregation Plan upon attorneys 

of record for Plaintiffs and Plaintiff-Intervenor, addressed as follows: 

Mr. Melvyn R. Leventhal 
538-3 North Farish Street 
P. O. Drawer 290 

Jackson, Mississippi 39202 

Mr. Melvyn Zarr 
10 Columbus Circle, Suite 2030 
New York, N. Y. 10019 

Mr. Daniel F. Rinzel, Attorney 
U. S. Department of Justice 
960 Milner Building 

Jackson, Mississippi 39205 

Hon. Robert E. Hauberg 
United States Attorney 
P. O. Box 2091 

Jackson, Mississippi 39205 

— 7 2 Er 

  

.~ Joe R. Fancher, Jr. 
Attorney at Law 

P. O. Box 245 
Canton, Mississippi 39046

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Bernard v. Gulf Oil Company Reply Brief for Appellants on Rehearing En Banc

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