Correspondence from Clerk to Counsel Re: Order

    Wired States Cones of Appes 

  

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 

CLERK NEW ORLEANS, LA. 70130 

September 12, 197 

TO ALL COUNSEL LISTED BELOW: 

No. 28030 and 28042 - USA v. Hinds County School 

GE Ge SA EE SE WA BD OW Se SAND WO WG Se AD We SEY GA WN SE SWI) CWS SVE eh SAE) CD GMD SGN Se WU SSA GMS) WAG) END WSN Geb Seen WOU mm MUN GUAR WGN GO GG GG WE SEE SO 

Gentlemen: 

The Court has asked that we advise you of the intention to 

transfer jurisdiction of the school cases listed on Appendix I, 

attached hereto, to the United States District Court for the 

Southern District of Mississippi pursuant to and on the con- 

ditions set out in the proposed order hereto attached as 

Appendix II 

No order will be entered until the Court has received the 

report required by United States v. Hinds County School Board, 

5 Cir., 1970, 433 r.24 611, 618-19, reflecting the status of 

the respective school systems as of October 15, 1973. 

    

ailable in his 

siana, on Tuesday, 

shes to confer 

You are also advised that Judge Bell will be av 

Chambers at 600 Camp Street, New Orleans, Lou 

September 18, 1973 in the event any counsel wi 

regarding this proposed action. 

oy
 

E
 

Counsel for the respective school districts shall have the re-~ 

sponsibility to complete the order as it applies to his or her 

school district and shall have the same approved as to form by 

counsel for plaintiffs and amicus curiae, as the case may be, 
before it is presented to the Court. 

\
 

Yours very truly ( i 

EDWARD W. WADSWORTH, Clerk 

i = : ns ih Lr * 2 _ rd \ 
”7 adi rd Fa ’ r go 1 

Vd gr oT I Ire een; 

BY Ba PP 
  

XRichard E. Windhorst, Jr.,Chie £/ d 
Judicial Support Division if 

REW,Jr.:xrcv : 

Attachments 

(See page 2 for addressees.) 

 



  

TO ALL COUNSEL LISTED BELOW: No. 28030 and 28042. 

Mr. Joe R. Fancher (Canton) 

Mr. Maurice Dantin (Columbia) 

Mr. John K. Keyes (Covington) 

Mr. Robert E.Covington (Enterprise) 

Mr. M. M, Roberts (Forrest) 

Mr. W. W, Hewitt (Franklin) 

Mr. Calvin R.King (Holmes) 
Mr. William B. Compten (Lauderdale) 

Mr. Janes S. George (Lawrence) 

Mr. Harold W.Davidson (Leake) 

Mr. H., XX. Hobbs, Jr. (Lincoln) 

Mr. Richard D. Foxworth (Marion) 

Mr. Robert Dean (Meridian) 

Mr. R. Brent Forman (Natchez) 

Mr. Laurel G. Weir (Neshoba) 

Mr. John G. Roach, Jr. (North Pike) 

Mr. Ernest L. Brown (Noxubee) 

Mr .Herman Alford (Philadelphia) 

Mr. Tally D. Riddell (Quitman) 
Mr. Robert S. Reeves (South Pike) 

Mr. Thomas H. Watkins (Wilkinson) 

Mr. Walter R. Bridgeforth (Yazoo County & Holly Bluff 
Mr. John Satterfield (Yazoo City) 

Mr. Melvyn R. Leventhal 

Mr. Jack Greenberg 

Mr. David L. Norman 

 



Canton Municipal 

  

Holly Bluff 

Holmes 

Durant (created by consent decree as a separate school district 

from Holmes County since inception of the litigation) 

Natchez ~ Adams County 

Noxubee 

South Pike 

Wilkinson 

Yazoo County 

Yazoo City 

Enterprize 

Quitman 

Franklin 

Leake 

Columbia City 

Covington 

Forrest 

Lauderdale 

Meridian 

Lawrence 

Lincoln 

Marion 

Neshoba 

Philadelphia 

APPENDIX I 
  

 



  

(Caption to include all cases shown in 

423 F.2d 1264) 

ORDER 

Pursuant to the decision of the Supreme Court in 

Alexander v. Holmes County Board of Education, 1969, 396 U.S. 19, 
    

90 S.Ct. 29, 24 L.Ed.24 19, this Court has retained jurisdiction  ¢ 

of the within captioned school cases pending the desegregation of 

each system. 

£ Subsequent to this decision of the Supreme Court, the 

following orders were entered by this Court with respect to 

.
e
 

  

fill in name of school district) 

(1) United States v. Hinds County School Board, 5 Cir., 
    

November 7, 1969, 423 F.2d 1264 (Canton Municipal School District); 

[This particular order reaches all cases and Canton is used as an 

example. ] 

(2) (Here list other orders relating to a particular 

district - give parties to and date of order or orders as well 

as citation if reported.) 

(The Durant and Holmes County Orders should include the 

order creating the Durant district out of the Holmes County 

district). 

Meanwhile the semi-annual status reports required by our 

decision in United States v. Hinds County School Board, 5 Cir., 
    

APPENDIX II 

 



  

1970, 433 F.2d 611, 618-19, have been filed through and 

including October 15, 1973. 

t now appearing that the 
  

(name of school district) 

scheol system has been and is being maintained as a unitary 

school system in compliance with the aforesaid orders, and 

it further appearing that it would be appropriate to transfer 

jurisdiction of the case to the district court under a final 

order there to be entered as follows, it is ORDERED: 

  

  
  

(1) Jurisdiction of No. : 

fr at Ye 

; 

{(£ill in district court number and caption of case) 

3 £ is hereby transferred to the United States District Court for 

the Southern District of Mississippi; 

(2) Said case may be placed on the inactive docket of that 

court subject to being reopened for good cause shown on the 

application of any party, or intervenor, or sua sponte;   

(3) The aforesaid orders entered by this Court shall be 

considered as the mandate of this Court and are to be made the 

order of the district court: 

(4) The reports required by United States v. Hinds County 
  

  

  School Board, 433 F.2d 618-19, supra, may be discontinued in the 

event copies of Summary Reports (Forms 101 and 102) which are 

filed with the Department of Health, Education and Welfare, are 

APPENDIX II - (Contd.) 

 



  

-3 

filed simultaneously with the district court annually and are 

retained for a period of two years by the district court for 

examination by counsel for the parties her 

As an alternative to filing the HEW report 

ein or 

s, the 

emlicusg curiae, 

school districts may continue to file the Hinds County type of 

report but on an annual basis not later than November 15 to 

IT IS SO ORDERED this day of October, 1973. 

  

United States Circuit Judge 

  

United States Circuit Judge 

  

United 

APPENDIX II - (Contd.) 

Circuit Judge