Motion for Modification of Desegregation Plan

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Includes Correspondence from Fancher to Clerk.

Impact area
- Education
Topic
- Educational Equity
LDF Attorneys
Cooperating Attorneys
Organization
- LDF
Matter
- Alexander v. Holmes County Board of Education
Case
- Alexander v. Holmes County Board of Education
U.S. state
- Mississippi
Collection
- Case Files
Taxonomy
Identifier
- 02aff7be-d167-f011-bec2-7c1e52467ee8

Cite this item

Case Files, Alexander v. Holmes Hardbacks. Motion for Modification of Desegregation Plan, 1971. 02aff7be-d167-f011-bec2-7c1e52467ee8. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/53c99bab-d4e8-4b36-9ba5-ee6c5db1421d/motion-for-modification-of-desegregation-plan. Accessed October 05, 2025.

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POWELL, FANCHER & FANCHER

ATTORNEYS AT LAW

P. O. BOX 245

CANTON, MISSISSIPPI 39046

ROBERT HH. POWELL, JR. TELEPHONE 859-185 0 .
o

JOE R. FANCHER, JR. July 13, 1971 FIRST NATIONAL BANK BUILDING

H. NOLEN FANCHER

Mr. Robert C. Thomas, Clerk
United States District Court

Jackson, Mississippi 39205

Re: Joan Anderson, et al

United States of America
Ve

Canton Municipal Separate School District

Civil Action No. 3700 (J)

Dear Mr. Thomas:

Enclosed for filing, please find the original and one copy of Motion
for Modification in the above cause.

Thanking you for your kind attention to this matter, | am

Sincerely yours,

Ty go
fo A od 7 = jf 7. 7 ; . i

7 IH Zz = A

Joe R. Fancher, Jr.
Attorney for Defendant
Canton Municipal Separate School District

JRF jr; cs
ENC:

cc: Honorable Dan M. Russell, Jr.

United States District Judge
P. O. Drawer 1930
Gulfport, Mississippi 39501

Counsel of Record

IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

JOAN ANDERSON, et al.,
Plaintiff,

UNITED STATES OF AMERICA,
Plaintiff = Interventor, CIVIL ACTION NO. 3700

CANTON MUNICIPAL SEPARATE

SCHOOL DISTRICT, et al.,

Defendants.

MOTION FOR MODIFICATION
OF DESEGREGATION PLAN

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

in the above styled and numbered cause, and respectfully move the Court to modify

the Order of the United States Court of Appeals for the Fifth Circuit entered in

Cause Numbers 28030 and 28042 dated November 7, 1969, as follows:

As to the Canton Municipal Separate School District System, the Office of

Education Plan (App. 8) shall be modified by amending Section 11 thereof by sub-

stituting therein the following student assignment plan:

STUDENT ASSIGNMENT

Commencing with the school year 1971-72, beginning in September 1971, all

students in the District, regardless of race, shall be assigned to attendance centers

as follows:

(1) McNeal Elementary School shall serve all pupils in grade 1.

(2) Canton Elementary School shall serve all pupils in grades 2 and 3.

(3) Nichols Elementary School shall serve all pupils in grades 4 - 6.

(4) Canton Public High School (formerly Rogers High School) shall serve all pupils

in grades 7 = 12.

(5) Canton Junior High School (formerly Canton High School) shall be closed; provided,

however, that the band hall may be used for materials center and administrative offices;

and, provided further that this facility may not be sold or otherwise disposed of without the

prior approval of the Court.

In all other respects the Order of the United States Court of Appeals for the Fifth Circuit

of November 7, 1969, will remain in full force and effect.

IN SUPPORT OF THIS MOTION Defendants would respectfully show until the Court the

following:

1. During the 1970-71 School Year under the existing plan, student assignment was as

follows:

School Grades Permanent Students
Capacity White Negro Total Number of

Classrooms

McNeal 1-3 588 14 536 550 21

Canton Elementary 1-3 840 20 483 503 30

Nichols 4-6 1344 30 1131 1161 48

Canton Junior High 7 750 9 257 266 25

Canton Public High 8-12 1680 18 1208 1226 56 plus Gym

| & Library

Total 5202 21 3615 3706 180

2. Upon implementation of the plan outlined in Paragraph 1 hereof, student assignment for

the School Year 1971-72 will be as follows:

School Grade Permanent Students
Capacity White ~~ Negro Total Number of

Classrooms

McNeal 1 588 22 366 388 rr

Canton Elementary 2-3 840 30 693 723 30

Nichols 4-6 1344 32 1097 1129 48

Canton Public High 7-12 1680 28 1662 1690 56 plus Gym
& Library

Total 4452 112 3818 3930 158

3. There is no justification for continuing to operate all facilities in the defendant

school system. To do so is neither educationally sound nor economically or administrative-

ly feasible or practical.

4. The proposed plan is based and proposed upon educational, economic and admini-

strative considerations. It will bring about more feasible educational, administrative and

economic use of present building facilities without establishing racially identifiable schools.

It will create a unitary and racially non=discriminatory school system within the Defendant

School District.

This motion is based upon the pleadings, reports, and other evidence already in the

record of this case and upon evidence to be adduced at the hearing of this motion.

Respectfully submitted,

CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT

By CD do .

7 ;

Joe R. Fancher, Jr.

Attorney

CERTIFICATE OF SERVICE

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

do hereby certify that on this the 13th day of July, 1971, | caused to be served

by United States mail, postage prepaid, true and correct copies of the foregoing

Motion for Modification upon attorneys of record for Plaintiffs and Plaintiff-

Intervenor, addressed as follows:

Mr. Melvyn R. Leventhal
538-3 North Farish Street

P. O. Drawer 290
Jackson, Mississippi 39202

Mr. Melvyn Zarr
10 Columbus Circle, Suite 2030
New York, N. Y. 10019

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

Mr. C. J. Calnan, Attorney
Department of Justice
Washington, D. C. 20530

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

Done this the 13th day of July, 1971

Pet ore

v" Joe R. Fancher, Jr. =
Attorney at Law
P. O. Box 245
Canton, Mississippi 39046

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Motion for Modification of Desegregation Plan

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organization

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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