General Legal Files

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  

JOAN ANDERSON, et al, 
Plaintiffs-Appellants ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF 
MISSISSIPPI, JACKSON DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor-Appel lant 
Civil Action No. 3700 (J) 

Ve 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al, 

Detendants-Appel lees 

NOW COME the Defendants, Canton Municipal Separate School District, et al, 

in the above styled and numbered cause, and respectfully submit their recommended 

and proposed amended plan as authorized by this Court at the pre-order conference 

of November 6, 1969. 

GEOGRAPHICAL ATTENDANCE ZONES 
  

The Canton Municipal Separate School District shall be divided into geographical 

zones as follows: 

(1) Zone I: All that part ot the territory embraced within the Corporate Limits 
  

of the City of Canton which lies west of a line drawn due north and south through a 

point in the center of Peace Street which point is equidistant between Union Street 

and Liberty Street, and which lies south of a line drawn due west from the aforesaid 

point in the center of Peace Street. 

 



  

(b) ZONE II: All that part of the territory embraced within the Corporate Limits of 

the City of Canton which lies west of a line drawn due north and south through a point 

in the center of Peace Street which point is equidistant between Union Street and Liberty 

Street, and which lies north of a line drawn due west from the aforesaid point in the 

center of Peace Street. 

(c) ZONE Ill: All that part of the territory embraced within the Corporate Limits of 
  

the City of Canton which lies east of a line drawn due north and south through a point 

in the center of Peace Street which point is equidistant between Union Street and Liberty 

Street. 

(d) ZONE IV: All that part of the Canton Municipal Separate School District which 

lies outside of the Corporate Limits of the City of Canton, being added territory to the 

City of Canton from which students are transported into the various attendance centers 

within the District by public school busses owned and operated by the District. 

The geographical attendance zones described and defined herein are identified and 

outlined by maps marked Exhibits "A-1" and "A-2", heretofore filed herein on November 

5, 1969, and made a part hereof by reference. 

Il 

STUDENT ASSIGNMENT 
  

(@) For the school year 1969-70, commencing December 31, 1969, all students of the 

District, regardless of race, shall be assigned to attendance centers as follows: 

(1) Students residing in Zone 1 in Grades 1 through 7 shall be assigned to Nichols 

Elementary School and those in Grades 8 through 12 shall be assigned to Rogers High 

School. 

(2) Students residing in Zone Il in Grades 1 through 7 shall be assigned to Rogers- 

McNeal Elementary School and those in Grades 8 through 12 shall be assigned to 

Rogers High School. 

(3) Students residing in Zone Ill in Grades 1 through 7 shall be assigned to Canton 

Elementary School and those in Grades 8 through 12 shall be assigned to Canton High 

School. 

 



  

(4) Students in Grades 1 through 12 residing in Zone IV shall be assigned to the 

attendance center nearest the residence of said students which has available space, 

busses transporting such students to be routed in accordance with Section IV of the 

Office of Education Plan. 

In the event space is not available in such nearest attendance center for the entire 

number of said transported students in a particular grade or grades, such transported 

students for whom space may be available and are assigned thereto shall be those 

students who will represent the minority race therein. 

As to the remainder of those students for whom space is not available at said nearest 

attendance center, such students shall be assigned to the next nearest attendance center 

at which space is available. 

Where more than one bus would be assigned to the same attendance center, and 

where space in said attendance center is not available for all students being transported 

by said busses, priority of assignment shall be given to those students transported by the 

bus or buses traveling the longest route. 

1 

In all other respects, the Defendant school system shall be operated in accordance 

with the terms of the plan prepared by the Office of Education, Department of Health, 

Education and Welfare. 

Respectfully submitted, 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al 

/ 
po > > 

By: . V ii : p 7 PD, Z f 
iL 4 

3 

  

Jo€ R. Fancher, > ? 
Attorney 

 



  

CERTIFICATE OF SERVICE 
  

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

do hereby certify that on this the // day of November, 1969, | caused to be 

served by United States mail, postage prepaid, true and correct copies of the fore- 

going proposed amended plan upon attorneys of record for Plaintiffs and Plaintiff- 

Intervenor, addressed as follows: 

Mr. Melvyn R. Leventhal 
Mr. Reuben V. Anderson 
Mr. Fred L. Banks, Jr. 

Mr. John A. Nichols 
538-1/2 North Farish Street 
Jackson, Mississippi 39202 

Mr. Melvyn Zarr 
Mr. Jack Greenberg 
Mr. James M. Nabrit, II 

Mr. Norman C. Amaker 

Mr. Norman J. Chachkin 
10 Columbus Circle, Suite 2030 
New York, N. Y. 10019 

Mr. Jeris Leonard 
Assistant Attorney General 
Department of Justice 
Washington, D. C. 20530 

Mr. David L. Norman 
Deputy Assistant Attorney General 
Department of Justice 
Washington, D. C. 20530 

Mr. Robert E. Hauberg 
United States Attorney 
P. O. Box 2091 
Jackson, Mississippi 39205 

- N : 4 ~ ” § 2 He 

) / [os eA =) 
A F< a BR Cr I 
  

+” Joe R. Fancher, Jr. is 

Attorney at Law 
P. O. Box 245 
Canton, Mississippi 39046