Court Order

    United States Court of Appeals 
FIFTH CIRCUIT 

  

EDWARD W. WADSWORTH OFFICE OF THE CLERK 
CLERK 

ROOM 408-400 ROYAL. ST. 

NEW ORLEANS, LA. 70130 

August 21, 1969 

TO ALL COUNSEL OF RECORD 

Nos, 28030 and 28042 
b., 8S, A. v. Hinds County School Board, et al 
Cr GN SS WONG Gin WE Te a Gees SAD an Ge GD — WD WA Weis Wem WD Sus Gen Sn Wem Sew OS GO Tw GW Wan GE Gen — We Tw Ow aw Ge Wem Swed Swn 

Gentlemen: 

Enclosed is a copy of the Court's order entered 
on August 20, 1969 which is being forwarded for 
the information of counsel, 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

f i : 

Wold : 7 4 / 
By 207 tiv 

Gilbert F, Ganucheau 
Chief Deputy Clerk 

  

GFG:adg 

Encl. 

ec & enc, to: 
Hon, William Harold Cox 
Hon, Dan M, Russell, Jr, 
Hon, Walter L. Nixon, Jr. 
Mr, Robert C. Thomas, Clerk 

 



Hon. Robert E. Hauberg 
United States Attorney 
P. O. Box 191 
Jackson, Mississippi 39205 

Hon. Robert C. Cannada 
P, O. Drawer 1250 4 
Jackson, Mississippi 39205 

Hon. John M. Putnam 
Pp, 0, .Box-2075 
Jackson, Mississippi 39205 

Hon. M. M. Roberts 
P, O. Box 870 
Hattiesburg, Mississippi 39401 

Hon. Howard L. Patterson, Jr. 

Hattiesburg, Mississippi 39401 

Hon. Thomas H. Watkins 
Ps O. Box 650 
Jackson, Mississippi 39205 

Hon. L. P. Spinks 
DeKalb, Mississippi 39238 

Hon. John Gordon Roach 
P. OO, Box 506 
McComb, Mississippi 39648 

Hon. R. Brent Forman 
Ps. O, Box 1377 
Natchez, Mississippi 

Hon. Richard D. Foxworth 
* 216 Newsom Building | 
Columbia, Mississippi 39429 

Hon. Philip Singley 
203-04 Newsom Building 
Columbia, Mississippi 39429 

Hon. Robert Goza 

Canton, Mississippi 39046 

Hon, We. 8. Cain 
133 South Union Street 
Canton, Mississippi 39046 

Hon. Joe R. Fancher 
Ps. O. Box 245 
Canton, Mississippi 39046  



Hon. Robert S. Reeves 
P. O. Box 998 
McComb, Mississippi 39648 

Hon. Thad Leggett, I1X 
P. O. Box: 307 
Magnolia, Mississippi 39652 

Hon. William B., Compton 
P.O. Box 845 
Meridian, Mississippi 39301 

Hon. Robert B. Deen, Jr. 
P, O. Box 888 
Meridian, Mississippi 39301 

Hon. Herman Alford 

L204 Center Avenue 
Philadelphia, Mississippi 39350 

Hon, Laurel G. Weir 
P, O. Box 158 
Philadelphia, Mississippi 

Hon. Ernest L. Brown 
Macon, Mississippi 39341 

" Hon. Harold W. Davidson 
Carthage, Mississippi 39051 

“Hon. Maurice Dantin 
P. OO, Box 604 
Columbia, Mississippi 39429 

Hon. J. D, Gordon 

Liberty, Mississippi 39645 

Hon. William D. Adams 
P. O., Box 521 

Collins, Mississippi 39428 

Hon. John K. Keyes 
Collins, Mississippi 39428 

Hon. Cary CO. Bass, Jr. 
Py O. Box 626 
Monticello, Mississippi 39654 

Hon. A, -F¥., Summer 
Attorney General 
New Capitol Building 
Jackson, Mississippi 39205  



Hon, Charles Clark 
Cox, Dunn & Clark 
P, O, Box 1046 
Jackson, Mississippi 39205 

‘Hon. Reuben Anderson 
538 1/2 North Farish 
Jackson, Mississippi 39202 

Hon. Herman OC. Glazier 
506 Walnut Street 
Rolling Fork, Mississippi 39159 

Hon. J. Wesley Miller 
LOl1 Pine Street 
Rolling Fork, iiselsdiopl 391.59 

Hon. Richard T. Watson 
Woodville, Mississippi .39669 

Hon. Henry W. Hobbs, Jr. 
P.. 0. Box 356 
Brookhaven, Mississippi 3960l 

Hon. Charles H. Herring 
Meadville, Mississippi 39653 

Hon, Calvin R. King 
106 Mulberry Street 

Durant, Mississippi 

Hon, G., Milton Case 

114 West Center Street 

Canton, Mississippi 

Hon. Thomas H, Campbell, Jr. 
Pp, O, Box 35 
Yazoo City, Mississippi 

Hon, Walter R, Bridgforth 
P. O, Box 48 
Yazoo City, Mississippi 

Hon, John C, Satterfield 
P, O, Box 466 
Yazoo City, Mississippi  



Hon, J. E, Smith 

111 South Pearl Street 

Carthage, Mississippi 

Hon. Robert E, Covington 
Jeff Carter Building 
Quitman, Mississippi 

Hon, Tally D, Riddell 
P. O, Box 199 
Quitman, Mississippi 

Hon, Melvyn R, Leventhal 
538% North Farish Street 
Jackson, Mississippi 39202 

Hon, Jack Greenberg 
10 Columbus Circle, Suite 2030 
New York, New York 10019 

Hon, David D, Gregory 
Attorney 
U. S, Department of Justice 
Washington, D, C, 20530 

Hon,David L, Norman 
Deputy Assistant Attorney General 
U., S, Department of Justice 
Civil Rights Division 
Washington, D, C, 20530 

Messrs, Robert T. Moore 
; Robert A, Murphy 

Attorneys 
U. S, Department of Justice 
Washington, D, C. 20530 

Hon.W. W. Hewitt 
P. O. Box 426 
Meadville, Miss. 39653 

Hon, Aubrey A, Calhoun 
P. O. Box 2987 
Mt, Olive, Miss, 39119 

Miss Helen McDade 

P, O, Box 112 

DeKalb, Miss.  



  

U. 8. COURT CF ArsZii 

FILED 

AUG 2 0 1969 

EDWARD W, WADSWORTH, 
IN THE UNITED STATES COURT OF APPEALS CLERI 

w 

FOR THE PFIPTH CIRCUIT 

  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv, 

HINDS COUNTY SCHOOL BOARD 

Defendants-Appellees. 

AND ALL CASES INCLUDED IN 

THE COURT'S ORDER OF 

JULY 3, 1969 AS SUPPLEMENTED 

  

APPEALS FROM THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

  

( August 20, 1969) 

Before BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges. 

PER CURIAM: 

On August 19, 1969, Judge John R. Brown 

received by safehand courier the attached communication 

of August 19, 1969 (marked Exhibit 1) from the Secretary 

of Health, Education and Welfare which in turn enclosed 

a copy of his communication of like date to Jadges Cox, 

Russell and Nixon (marked Exhibit 2). Presumably this 

was delivered directly to the Judges concerned because 

 



  

the orders of this Court and the District Court pursuant 

thereto call upon the Department Of Health, Education and 

Welfare to take certain action. 

As the timetable heretofore fixed was substantially 

that recommended by the United States Attorney General in 

response to the request made by this Court to all parties 

prior to the argument of this case th July 1969, the Court, 

being of the opinion that it was essential to know at the 

earliest time the position of the parties as expressed in 

due order through their restariive counsel, made inquiry 

of the Department of Justice. The Court was informed that 

motions were in the course of preparation for immediate 

‘filing in the District Court with apovopiiate similar motions 

in the Court of Appeals seeking the entry of orders granting 

the suggested extension to December 1, 1969. 

The Court has taken no action other than to 

record these facts. 

ENTER: August 20, 1969. 

 



THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE 

WASHINGTON, D.C. 20201 

August 19, 1969 

Dear Judge Brown: 

Enclosed is a copy of a letter which I have addressed 

to, and delivered to, Judges Cox, Russell, and Nixon 

by special courier. I have directed that the special 

courier deliver this copy to you at or nearly at the 

same time. 

Sincerely, 

w / 
£2 oF Zo vd 

Secretary 

Honorable John R. Brown 
Chief Judge, U. S. Court 

of Appeals, Fifth Circuit 
Houston, Texas 

Enclosure 

 



THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE 

WASHINGTON, D.C. 20201 

August 19, 1969 

Dear Judge Cox: 

In accordance with an Order of the United States Court of 
Aopeals for the Fifth Circuit, experts from the Office of 
Education in the Department of Health, Fducation, and Welfare 
have developed and filed terminal plans to disestablish the 
dual school systems in 33 Mississippi school district cases. 

These terminal plans were developed, reviewed with the school 
districts, and filed with the United States District Court 
for the Scuthemn District of Mississippi on August 11, 1969, 
as recuired by the Order of the United States Court of Appeals 
for the Fifth Circuit. These terminal plans were develooed 
under great stress in approximately three weeks; they are to 
be ordered for implementation on August 25, 1959, and ordered 
to be implemented camencing with the beginning of the 1969- 
1970 school year. The schools involved are to open for school 
during a period which begins two days before August 25, 1969, 
and all are to he open Dr school not later than September 11, 
1969. 

On Thursday of last weak, I received the terminal plans as 
developed and filed by the experts from the Office of Fducation. 
I have personally reviewed each of these plans. This review 
was conducted in my capacity as Secretary of the Department of 
Health, Education, and Welfare and as the Cabinet officer of 
our Governirent charged with the ultimate responsibility for 
the education of the peonle of cur Nation. 

In this same capacity, and bearing in mind the great trust 
reposed in me, together with the ultimate responsibility for 
the education of the people of cur Nation, I am gravely 
concerned that the time allowed for the develomment of these 
terminal plans has been much too short for the educators of 
the Office of Education to develop terminal plans which can 
be implemented this year. The aduinistrative and logistical 
difficulties which must be encountered and met in the terribly 

   



short space of time remaining must surely, in rv judgment, 
produce chaos, confusion, and a catastrost Bo educational setback 
to the 135,700 children, klach and white alike, wo must look 
to the 222° schools of these 33 Mississippi districts for their 
only available educational opportunity. 

I request the Court to consider with re the shortness of tire 
invelved and the administrative difficulties wich lle ahead 

and permit additional tine during which experts of the a Bx 
of "i may ¢o in to each district and develop mod 
studies in depth and recommend terminal plans to be su 
to the Court not later than Necamicer 1, 

Pra —— I 

wf OTL ¢ Js Tinch 

Secretary 

Honorable William Parold Cox 
Chief Judge, U. 8S. NMstrict Court 

of the Scuthorn District 
Jackson, Mlasissipod 

IDENTICAL LETTER SENT THIS [ATE TO: Honorable Don M. Russell, Jr. 

Judge, U. S. District Court 
of the Southern District 

Honorable Walter IL. Nixon 
Judge, U. S. District Court 

cf the Southern District 
Gulfport, Mississippi