Myers v. Gilman Paper Company Response of Plaintiffs-Appellees to the Unions' Petitions for Rehearing

    Vinited States Court of Appeals 
FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 

CLERK NEW ORLEANS, LA. 70130 

May 24, 1974 

Mr. Robert C. Thomas, Clerk 
United States District Court 
Post Office Box 769 
Jackson, Mississippi 39205 

Nos. 28030 & 28042 - USA vs, Hinds County, et al 

Dear Mr. Thomas: 

Enclosed is a certified copy of an order entered by 

the Court transferring the Wilkinson County School District 

case to your court. 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

sy_Csebis Shilos 
Deputy Clerk 

  

/vm 
enclosure 

cc and enclosure to: 
Hon. Dan M. Russell a) 
Mr. Jack Greenberg “© 
Mr. David L. Norman 

Mr. Melvyn Leventhal 
Mr, Thomas M. Keeling 
Mr. Robert E. Covington, Jr. 

Mr, Thomas H. Watkins  



- 

° 

  

UUM J r [ 
34 £3 

FILED —_ 

IN THE UNITED STATES COURT OF APPEALS Hay 3 a 

FOR THE FIFTH CIRCUIT EDWARD W. WADSWORTH 
CLERK 

  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

V. 

HINDS COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

j 

(Civil Action No. 4075(J)) 

  

BUFORD A. LEE, et al., 

Plaintiffs-Appellees, 

V. 

UNITED STATES OF AMERICA, 

Defendant~-Appellant. 

V. 

MILTON EVANS, 

Third Party 
Defendant-Appellee. 

(Civil Action No. 2034 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

KEMPER COUNTY SCHOOL BOARD, et al., 

Defendants-—-Appellees. 

(Civil Action No. 1373(E)) 

  

 



- . 

: 
p 

UNITED STATES OF AMERICA, 

  

Plaintiff-Appellant, 

V. 

NORTH PIKE COUNTY CONSOLIDATED 

SCHOOL DISTRICT, et al., 

Defendants-~Appellees. 

(Civil Action No. 3807 (J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff~Appellant, 

v. 

NATCEEZ SPECIAL MUNICIPAL SEPARATE 

SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1120 (W)) 

amas   

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

COVINGTON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1248 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

LAWRENCE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2216 (H)) 

  

 



  

JEREMIAH BLACKWELL, JR., et al., 

Plaintiffs-Appellants, 

Ve 

ISSAQUENA COUNTY BOARD OF EDUCATION, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1096 (W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. : 

WILKINSON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1160 (W)) 

  

CHARLES KILLINGSWORTH, et al., 

Plaintiffs-Appellants, 

v. 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 
and QUITMAN CONSOLIDATED SCHOOL DISTRICT, 

Defendants-Appellees. 

(Civil Action No. 1302(E)) 

  

UNITED STATED OF AMERICA, 

Plaintiff-Appellant, 

V. 

LINCOLN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. -4292(J)) 

  

 



UNITED STATES OF AMERICA, 

  

Plaintiff-Appellant, 

Ve. 

MARION COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2178 (H)) 

  

JOAN ANDERSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor, 

Appellant, 

Ve 

THE CANTON MUNICIPAL SCHOOL DISTRICT, et al.,; 

and THE MADISON COUNTY SCHOOL DISTRICT, 

et al., 

Defendants—Appellees. 

(Civil Action No. 3700 (J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

SOUTH PIKE COUNTY CONSOLIDATED SCHOOL 

DISTRICT, et al.., 

Defendants—Appellees. 

(Civil Action No. 3984 (J)) 

  

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

Vv. 

HOLMES COUNTY BOARD OF EDUCATION, et al., 

Defendants-Appellees. 

(Civil Action No. 3779(J)) 

  

 



ROY LEE HARRIS, et al., 

  

Plaintiffs-Appellants, 

Vv, 

. THE YAZOO COUNTY BOARD OF EDUCATION, 

et al., 

Defendants—-Appellees. 

(Civil Action No. 1209 (W)) 

  ns — 

JOHN BARNHARDT, et al., 

Plaintiffs-Appellants, 

Vv. 

MERIDIAN SEPARATE SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1300(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

V. 

NESHOBA COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1396 (E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

NOXUBEE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

{Civil Action No. 1372(E)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Va 

LAUDERDALE COUNTY SCHOOL DISTRICT, 

et als, 

Defendants-Appellees. 

(Civil Action No. 1367(E)) 

  

DIAN HUDSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor- 

Appellant, 

Ve 

LEAKE COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 3382(J)) 

a   

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, et al., 

Defendants-Appellees. 

(Civil Action No. 2199 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

‘v. 

AMITE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3983(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

PHILADELPHIA MUNICIPAL SEPARATE SCHOOL 

DISTRICT, et -al., : 

Defendants-Appellees. 

(Civil Action No. 1368(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. | 

FRANKLIN COUNTY SCHOOL DISTRICT, et al. 

Defendants-Appel lees. 

{Civil Action Ho. 4256(J)) 

  

Appeals from the United States District Court for 
the southern District of Mississippi 

  

ORDER 
—— itn 

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 Suprens Court, 

the following orders were entered by this Court with 

respect to the Wilkinson County School District: 

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

5 Cir., November 7, 1969, 423 F.2d 1264 (Wilkinson 

County School District). 

 



  

(2) United States v. Hinds County School Board, 
    

5 Cir., August 5, 1970, 433 F.2d 598 (Wilkinson County 

School District). 

Meanwhile the semi-annual status reports re- 

quired by our decision in United States v. Hinds County 
    

School Board, 5 Cir., 1970, 433 F.24 611, 618-19, have 
  

been filed through and including October 15, 1973. 

It now appearing that the Wilkinson County School 

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 Shared as follows, 

it is ORDERED: 

(1) Jurisdiction of No. 1160(W), United States 
  

of America v. Wilkinson County School District, 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 inter- 

venor, 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 the Summary 

Reports (Forms 101 and 102) which are filed annually 

with the Department of Health, Education and Welfare, 

along with a report showing faculty and staff assign- 

ments as required in the Hinds County type of report 
  

and faculty and staff hiring by race if such information 

is not reflected in the HEW Summary Reports, are filed 

simultaneously with the district court and served upon 

counsel for plaintiffs and amicus curiae, and are re- 

tained for a period of two years by the district court 

for examination by counsel for the parties herein or 

amicus curiae. As an alternative to filing the HEW 

reports, the defendant school districts may continue to 

file the Hinds County type of report but on an annual 
  

basis not later than November 15 to reflect status as 

of October 15 each year. 

  

IT IS SO ORDERED this day of , 1974. 

United States Circuit Judge 

J AWA BAA AA 
United States Circuit Judge \ 

  

  

    

£ 
  

United States Circuit Jldge 

 



  

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