Marsh v The County School Board of Roanoke County Appellants Brief

    FAL) 

3 , Pex AN OE 

Anited States Court of al doe es United 3 Appeals Fs 
FIFTH CIRCUIT : ( 

ECWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 

CLERK NEW ORLEANS, LA. 70130 

July 2, 1973 

Mr. Robert C. Thomas, Clerk 

U. S. District Court 
P. O. Box 768 
Jackson, Mississippi 39205 

vs. Hinds County, et al. 
  

Dear Mr. Thomas: 

Enclosed is a certified copy of a consent order entered 
by the court in the South Pike County Consolidated School 

District case. 

Very truly yours, 

EDWARD W. WADSWORTH, Clerk 

/7 # 

By Cla (2€ 7 Ll le 2/ 

/cfs Deputy Clerk 
enclosure 

  

cc and enclosure to: 

Hon. Dan M. Russell 

Mr. Jack Greenberg 
Mr. David L. Norman 

Mr. Melvyn Leventhal 
Mr. Robert S. Reeves 

Mr. Thad Leggett, 111 

 



  

FOR THE FIFTH CIRCUIT 

  

NOS. 28030 & 28042 JC COURTOF 
  

Y 

  

  

UNITED STATES OF AMERICA, : 

Plaintiff-Appellant, 

VS. 

HINDS COUNTY SCHOOL BOARD, et al., 

Defendant-Appellee. 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

VS. ' 

SOUTH PIKE COUNTY CONSOLIDATZD 
SCHOOL, DISTRICT, et al., 

Defendant-Appellee. 

  

CONSENT ORDER 
  

Plaintiff Intervenors having filed a Motion fo. . - 

Add Parties Defendant and a Motion for Supplemental Relief 

dated May 24, 1973, and proposed added defendants havin 

consented thereto, it is hereby ORDERED: 

1. Intervenors' Motion to Add Parties Defendant 

is hereby granted. And Harcld Young, Sr., Superinte..c.nt 

of the Pike County School District, and C. D. Williams, 

Marvin Blanks, W. A. Foy, Wilburn Fortenberry and Ted E. 

Thompson, members of the Board of Education of Pike Courty 

and their successors shall be and are hereby made part..:s 

defendant to this cause. 

 



  

2. Intervenors' Motion for Supplemental Relief 

against the added defendants is hereby granted. The said 

added defendants, their agents, employees and successors 

are hereby enjoined from operating a system of bus trans- 

portation for the North Pike and South Pike Consolidated 

School Districts which in any manner segregates or discrim- 

inates against black students or drivers on the basis of 

race. 

3. The said added defendants shall take the fol- 

lowing steps effective for the 1973-74 school year and each 

school year thereafter until and unless otherwise ordered by 

this Court: 

a) eliminate all overlapping bus routes which 

result from defendants' former practice and policy of operat- 

ing a dual heial system of bus transportation; and no bus 

route shall be established or maintained which provides for 

the by-passing of any student(s) to pick up another student 

(other students) of a race different from the student(s) by- 

passed; 7 

b) assign each driver to a ‘route without re- 

gard to the race of the students to be served by the toutes 

and on the basis of non-racial objective criteria; and de- 

fendants shall eliminate their former practice of assigning 

black drivers to black students only; 

c) whenever two or more alternative routes 

are equally sound and satisfactory defendants shall prefer 

and establish that route which will serve students on a 

racially integrated basis; 

d)- establish bus routes which are responsive 

to the plans of pupil assignment established by the North Pike 

and South Pike Consolidated School Districts; no route shall be 

 



  

established or approved which crosses a school attendance 

zone line for the purpose of picking-up or dropping-off 

students not assigned to the school(s) served by the bus 

route. Ultimate responsibility, however, for assuring 

that stadents do not engage in "zone-jumping" rests with 

the school officials of the North Pike and South Pike 

Consolidated School Districts. 

4. On or about October 15, 1973 and on the same 

date annually thereafter, until otherwise ordered by the 

Court, defendants shall file and Serve upon counsel a re- 

port to the Court which lists for each bus route maintained, 

the name and race of the driver, and the number of students, 

- 

by race, assigned thereto. v 

ORDERED this 2nd day of July y 1973. 
  

  

  

Jf / 1 

LVS A Aner 

UNITED STATES CIRCUIT «JUDGE 
  

AGREED AS TO_FORM AND CONTENT: 

\: Ne i 
MELVYN R. LEVENILHAL, Counsel 
for plaintiff-intervenors 

hd L (MATT LA 
THAD LECCETT: JULI, Counsel 
for added par ee defendant 

Lil Ga LQ 

  

  
  

  

lr 1 for plaintiff, United 

States of America