King v. Georgia Power Company Brief for Plaintiffs-Appellants

    Anited States Court of Appeals 

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408 - 400 ROYAL ST. 
CLERK NEW ORLEANS, LA. 70130 

August 28, 1972 

Mr, Robert C, Thomas, Clerk 
U., S. District Court 
P. O. Box 769 
Jackson, Mississippi 39205 

Nos, 28030 & 28042 - U,S,A. vs, Hinds County, et al. 
  

Dear Mr, Thomas: 

Enclosed is a certified copy of an order entered by the 

court in the Kemper County School case, 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

Wad, TW Ar a 
/cfs Deputy Clerk 

  

enclosure 

cc and enclosure to: / 

Hon. Dan M., Russell / 
Mr, Jack Greenberg VV 
Mr, David L., Norman 

Mr, Melvyn Leventhal 
Ms. Helen J. McDade 

 



  

    

IN THE UNITED STATES COURT OF APPZALS 

FOR THZ FIFTH CLRCUILT 

NOS. 28030 - 28042 

ORDER GRANTING PERMISSION TO KEMPER COUNTY | 
SCHOOL BOARD TO CONVEY TO KEMPER COUNTY BOARD | 
OF SUPERVISORS PROPERTY XNOWN A3 LYNVILLE | 

HIGHSCHOOL PROPERTY FOR INDUSTRIAL PURPOSES ___. 

This day there camz before the court motion of 

the Kemper Zounty Board of Education in the above styled 

and numbered cause, requesting permission of the court to 

convey to the Board of Supervisors of Kemper sou, | 

Mississinopi, the property known as the Lynville Highschool 

property in Kemper County, which has by prior order of this 

court ceased to be used for school purposes, there being 

attached to said motion as Exhibit "A" a certification of | 

the Kemper County Board of Education, by the Executive 

Secretary thereof, | 

The court after considering said motion and 

Exhibit thereto is of the opinion and finds that tae Lynville 

Highschool property by prior order of this court has ceased 

to be used for school purposes and that said property is 

vacant and being used for no purposes and there is available 

in Kemper County in all of the other school buildings and 

facilities sufficient space for any and every student who 

has left the public schools subsequent to desegregation 

should they decide to return at some future date, and that 

the Lynville Highschool property is not needed for school 

purposes; that the Board of Supervisors of Kemper County 

has reached an agreement with the Kaul Glove % Manufacturing 

Company whereby said Company has agreed to locate a plant 

in Kemper County if they are permitted to locate said plant 

in the buildings situatad on Lynville Highschool property,     which is ideal as presently sitnatad for said industry, and 
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that it would be to the very best interest of all citizens 
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of Kemper County for said industry to locate in said County 

  

      

  

and would provide for many citizens in Kemper County 

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empl oyemént who need and desir2 cmployment, for their support 

and maintenance. ’ | 

IT IS THEREFORE ORDEREDby the oourt that the Kemper 

County Board of Education be and it is hereby given and 

granted the authority and permission of the court to convey 

said Lynville Highschool property to the Board of Supervisors 

of Kemper County, Mississippi, with a Feversionury clause 

§ i J in said conveyance providing that if 2 any time said property 

5 ceases to be used for industrial purp? 552, the title thereto 

shall revert atonatinally back to the Kemper Cpunty Board 

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of Educatiin, and further providing tha® no part of said i 

wh } property will be. used in any manner for private school 
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| purposes. a. 

vrs, Slr | ORDERED this the day of August, 1972. C— nt con vO 

'/S/ GRIFFIN B. BELL 
UNITED STATES CIRCUIT JUDGE 
  

/S/ HOMER THORNBERRY 
UNITED STATES CIRCUIT JUDGE 
  

/S/ LEWIS R, MORGAN 
UNITED STATES CIRCUIT JUDGE 
  

A r ad 1S to for pproved as ko orm: 

ir Ate ll Y [oe ye i a», iran? —— A a Pi ———— a w— 

Ws Kemper County School 
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ep). Cote, 

Xo To Plaintiff 
United al of America 

£
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Attorney for private Plaintiffs