Order Transferring Holmes County Case

    U.S. CCUFRT OF APPEALS 
Cris” 

Arr 19°74 
IN THE UNITED STATES COURT OF APPEALS EDWARD %. WADSWORTH 

CLEKK 

FOR THE FIFTH CIRCUIT 

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

VS NOS. 28030 and 28042 

THE HOLMES COUNTY BOARD OF EDUCATION, et al., 

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Defendants-Appellees. 

  

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.2d 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 

Holmes County School District: 

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

  

November 7, 1969, 423 F.2d 1264 (Holmes County School District); 

(2) Agreed Order of July 27, 1970, between Holmes County 

Board of Education and Beatrice Alexander, et al., Plaintiffs, 

creating Durant Municipal Separate School District out of 

Holmes County School District. 

Meanwhile the semi-annual status reports required by 

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

  

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

including October 15, 1973. 

It now appearing that the Holmes County School District 

gchool system has been and is being maintained as a unitary 

school system in compliance with the aforesaid orders, and 

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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. 3779, Beatrice Alexander, et 
  

  

al,, v. The Holmes County Board of Education, et al., 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 

chown on the application of any party, or intervenor. or 

gua 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 Depart- 

ment of Health, Education and Welfare, along with a report 

showing faculty and staff assignments 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 retained 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 

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. basis not later than November 15 to reflect status as of" 

October 15 each year. 

IT IS SO ORDERED, this the 19th day of April   
  

1974. 

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