Norwood v. Harrison Appendix

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Supreme Court, L! S

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MIC.HAEL' R®B."Ss JR*6L£s?K j

i n  tfje S u p re m e  C o u r t  ot ttje ^ m te tr  s ta te s *

October T eem, 1972

No. 72-77

D elores Norwood, et al., appellants,

v.

D. L. H arrison, Sr., et, al.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR 
THE NORTHERN DISTRICT OF MISSISSIPPI

FILED JULY 14, 1972
PROBABLE JURISDICTION NOTED OCTOBER 10, 1972



INDEX

Page

Docket Entries .............................................................................  1
Complaint, filed October 9, 1970.................................................. 19
Answer of defendants, filed November 5, 1970.......................... 23
Order convening three-judge district court, filed December 21,

1970 .............................................................................................  26
Order requiring defendants to compile data and granting

other relief, filed March 1, 1971................................................  28
Plaintiffs’ motion to supplement the record and order grant­

ing motion, filed August 9, 1971...............................................  31
Plaintiffs’ motion for leave to supplement the record and

order granting motion, filed May 15, 1972............................ 39
Notation re Opinion and Judgment of the District Court........  51

#



2

Attorneys
For plaintiff:
Hon. Melvyn R. Leventhal, Hon. Fred L. Bank, Hon. 
Reuben V. Anderson, Hon. John A. Nichols, Hon. 538% 
North Farish Street, Jackson, Mississippi 39202
Hon. Robert J. Kelly 
113 Wood Street 
Batesville, Mississippi 38606
Hon. Jack Greenberg, Hon. Norman Chachkin
Suite 2030
10 Columbus Circle
New York, New York 10019
For defendant:
Hon. Jesse R. Adams, Jr., Spec. Asst. Atty. Gen., Dept, of 
Justice, Office of the Attorney General, Jackson, Miss. 
39205
Hon. Harvey S. Buck, 203 Jordan Ave., P.O. Box 514, West 
Point, Miss. 39773—Atty., for Frank Chiles, Headmaster, 
Oak Hill Academy
Hon. Taylor B. Smith, 215 Fifth St., Box No. 1366, Colum­
bus, Miss. 39701 —Atty. for East Lowndes Educ. Founda­
tion, Inc., G.T. Buckley
Hon. Wm. R. Bradley, P.O. Box 488, Clarksdale, Miss. 
38614, Atty. for United Methodist School Principal, Mrs. 
Betty Cantwell
Hon. Frank K. Odom, P.O. Box 1218, Greenwood, Missis­
sippi 38930—for Greenwood Private Jr. High School
Hon.s Lott, Sanders & Gwin, P.O. Box 1176, Greenwood, 
Miss. 38930—for B. Taylor, Carroll Academy
Hon.s Fraiser & Burgoon, P.O. Box 391, Greenwood, Miss. 
—for Seth Dillon, Pillow Academy, Greenwood, Miss.
Hon. P. J. Townsend, Jr., Townsend & McWilliams, Drew, 
Miss. 38737—for North-Sunflower County Foundation,
Hon. William Ward, Box 59, Starkville, Miss. 39759—for 
Starkville Academy



8

Date
10-13-70

10-14-70

10-28-70

10- 30-70

11- 3-70 
11-5-70 
11-17-70

11-19-70

11-27-70
11- 30-70

12- 14-70 

12-21-70

Proceedings
Filed Complaint. Issued Summons, handed same 
to Marshal. Notice of Judge Keady’s assignment 
to case mailed to counsel. A-0 78 to Courtroom 
Deputy.
Filed Motion for Leave to File Bequest for Ad­
missions—copy to Law Clerk.
Filed Process of Summons by Marshal’s return 
—exec.—D.L. Harrison, Sr., Calhoun City, Has 
Filed Process of Summons by Marshal’s return 
—exec.—the following at Jackson, Miss. Miss 
Irene Breland, Garvin Johnston, M.A. Snowden, 
and Gov. John Bell Williams.
Filed Process of Summons by Marshal’s return 
—exec.-—Jim C. Barnett, Gulfport, Miss.
Filed Motion for Leave to Take Deposition Upon 
Oral Examination. Copy to Law Clerk.
Filed Notice of Motion—copy to Law Clerk. 
Filed Answer of Defendants. Copy to Law Clerk. 
Filed Notice of Withdrawal of Motion for leave 
to take Deposition Upon Oral Examination dated 
Oct. 29, 1970 under Buie 30. Copy to Law Clerk. 
Entered Order signed by Judge Keady on 11-18- 
70, sustaining Motion for leave to file Bequest 
for Admissions, has been entered in Civil Order 
Book 20, pages 34 & 35. Notices sent to attorneys. 
Filed Bequest For Admissions.
Filed Besponse to Bequest for Admissions.
Filed Notice of Motion.
Filed Motion to Convene a Three Judge District 
Court—copy to Law Clerk.
Filed Notice of Deposition Upon Oral Examina­
tion Copy to Law Clerk.
Filed and entered Order signed by Hon. John 
Brown, Chief Judge, designating Judge James 
P. Coleman and Judge Orma B. Smith to serve 
with Judge Keady, to hear and determine the 
Action. C. O. B. 20, pages 91 & 92. Copies of 
and Notices mailed to Counsel. Sent Copy to 
Complaint and Answer to Judge Coleman and 
Jnd Smith. (Letter dated 12-16-70-received 
this date) Placed pleadings, sent with Order, in 
jacket file.



12- 23-70 Placed letter in jacket file to Attorneys from Law 
Clerk requiring counsel to submit by Jan. 22, 
1971, a stipulation.
Placed letter in jacket file from Judge Keady 
to other two Judges Coleman and Smith, stating 
he was mailing each one a copy of everything in 
the above file.

1-25-71 Filed Deposition of Marshall Allen Snowden 
with attachments enclosed.

1- 26-71 Placed letter in jacket file from Law Clerk to
Attorney notifying him that he has until Feb. 4, 
1971 to file stipulation of uncontradicted facts 
which court has ordered counsel to submit. (Lev- 
enthal—Attorney)

2- 1-71 Filed Motion For Accounting and Notice of Mo­
tion. Copy to Law Clerk.

2-4-71 Filed Motion To Compel Answers To Request 
For Admissions Or In The Alternative Motion 
To Supplement The Record. Copy to Law Clerk. 
Mailed File to Greenville.

2-4-71 Placed letter in jacket file From Law Clerk (Hail- 
man) to Attys/notifying them that a hearing 
will be held on all motions pending at 10 A. M. on 
Mon., Feb. 22, in Greenville

2-5-71 Filed Stipulation: Constested and IJncontested 
Issues of Fact and Law; Filed copy of each 
of the twenty stipulations entered into by par­
ties. Copies sent to Judges, and Jesse R.
Jr. Esquire

2-8-71 Filed Motion to Compel Defendants to Compile 
Date—copies to Judges by Attorney.

2-12-71 Placed letter in jacket file from Judge Keady to 
Attorneys setting conference with counsel for 
Feb. 22 following argument on Motions.

2-16-71 Filed Motion For Leave To Supplement The 
Record.
Filed Notice Of Motion. Copy to Law Clerk. 

2-23-71 Placed Courtroom Deputy Sheet in jacket file— 
that hearing on 4 Motions be sustained.

2-25-71 Filed Stipulation #21—copies to Law Clerks 
(Hailman & Dodson)

4°



5

3-1-71 Entered Order signed by Judge Keady on 3-1-71, 
granting Plaintiff’s Motion for Accounting, Mo­
tion to Compel Deft’s, to Compile Data, Motion 
for Leave to Supplement the and Motion to Com­
pel Answers to Request for Admissions or in the 
Alternative Motion to Sup the Record, has been 
entered in Civil Order 20, pages 167-170. Copy 
of Order sent to Counsel Notice of Entry 
Mailed.

3-4-71 Filed Deposition of Arthur Choate
Filed Deposition of Delbert Ronald Coggins 
Filed Deposition of Glenn A. Cain 
Filed Deposition of Bernice Lowe and Joseph 
Emmett Logan
Filed Deposition of William DeWitt Mosely 
Filed Deposition of D.B. Floyd 
Filed Deposition of Billy E. Daniels 
Filed Deposition of Bernard Waites 
Filed Deposition of Jimmy H. Isbell

3-5-71 Filed the following copies of depositions on the 
following: W.E. Boggan, John E. Collier, Lamar 
Fortenberry, Donald Hopper, Holace Morris, 
George F. Pettey, Carl Franklin Drake, Rever­
end Melvin R. Porter, Franklin Haire, Preston 
M. Cochran, Thomas H. Blakeney, A.E. Mc- 
Gahey, James Franklin Hughes, John 0. Eth­
ridge, James D. Stoddard, Alton Rogers Zach­
ary.

3-11-71 Filed Deposition of Billye G. Dendy.
Filed Deposition of Alton Roger Zachary 
Filed Deposition of Alton Roger Zachary 
Filed Deposition of Dr. James D. Gilbert 
Filed Deposition of M. E. Rhodes 
Filed Deposition of Diane Douglas Tanksley 
Filed Deposition of James Arthur Nowell 
Filed Deposition of Harry Eugene Horne 

W; Filed Deposition of John E. Manor
Filed Deposition of Lawrence W. Owens 
Filed Deposition of Joe Sheppard 
Fied Deposition of David C. White 
Filed Deposition of Vivian M. Hood 
Filed Deposition of Henry A. Trotter



6

3-16-71

3-17-71

3-23-71

3-24-71

3-22-71

3-25-71

3-25-71
3-25-71
3-25-71

3-25-71

3- 15-71

Filed Deposition of Mrs. Mava Taylor 
Filed Deposition of Earl W. Edwards 
Filed Deposition of Dewitt A. Dixon 
Filed Deposition of William J. Simmons 
Copies also sent to Judges.
Filed Notice of Depositions Upon Oral Examina­
tion. Deposition Subpoena To Testify or Pro­
duce documents ot Things Attached.
Placed letter in jacket file from Leventhal to 
U. S. Marshal, John H. Phillips and Mr. Garald 
K. Baldwin concerning change of date upon 
which the witnesses are to appear.
Filed Notice of Deposition upon Oral Examina­
tion-copy to Law Clerk.
Filed Motion to Quash Subpoena Duces Tecum 
on the following: Mrs. Betty Cantwell, Gene L. 
Barbour, and Rebecca H. Walton.
Filed Motion To Quash Subpoena Duces Tecum. 
Copy to Law Clerk.
Filed Motion to Quash Subpoena Duces Tecum 
(Mrs. George Bounds) copy already mailed to 
Law Clerk.
Filed Motion to Quash Subpoena Duces Tecum 
(Mrs. LaVenna Wright)—copy to Law Clerk. 
Filed Copy of Motion to Quash Subpoena Duces 
Tecum (Norman E. Harper) original already 
mailed to Law Clerk, (with attachments at­
tached).
Filed Stipulation #22. Copy to Law Clerk.
Filed Motion To Quash Subpoena Duces Tecum. 
(Filed by J. Trawick, Clarksdale) on 24th. Copy 
mailed to Judge Keady.
Filed USM285 with Returns that Subpoena & 
Notice of Deposition were served on the follow­
ing: Saint Elizabeth Catholic School by Sister 
Elizabeth Jean, First Presbyterian Day School 
by Dr. Norman Harper; First United Methodist 
School by Mrs. Cantwell; Lula Rich Academy by 
Rebecca H. Walton; St. George’s Episcopal Day 
School by Mrs. George Bounds/; Gene L. Bar­
bour, Principal, Lee Academy; Mrs. LaVenna 
Wright, Clarksdale Baptist School; Principal,



7

Happy Day School; Principal, Lula Rich Junior 
High School; all served on 3-15-71.

3-26-71 Filed Summary of Stipulations Entered By The 
Parties. Copy to Law Clerk.

3- 26-71 Entered Order signed by Judge Keady on 3-24-
71, Order Postponing Deposition of Norman E 
in Civil Order Book 20, pages 219 & 220.
Copy of Order has been sent to Counsel.
Notice of Entry Mailed.

4- 2-71 Filed Motion to Appoint Court Reporters
Filed Notice of Motion—copies of above to Law 
Clerk.

4-5-71 Filed Notice of Depositions Upon Oral Examina­
tion. Copy to Law Clerk.

4-6-71 Entered Order signed by Judge Keady on 4-5-71, 
Appointing Persons To Administer Oaths ap­
pointing Elizabeth Evans and Nancy West as 
officers authorized to administer oaths and take 
testimony of persons whose depositions have 
been or will be noticed, in Civil Order Book 20, 
page 227. Copy of the Order has been sent to 
Counsel. Notices of entry mailed.

4-15-71 Filed Motion to Quash or in the Alternative for 
Protective Order—copy to Judge by Attorney. 
Filed Motion to Quash Subpoena Duces Tecum 
—copy to Law Clerk.

4-15-71 Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things exec. 
Headmaster of M & L Academy at Nettleton, 
Miss, on 4-12-71 Served Michael R. Garrett 
(Bennett DUSM)

4-15-71 Filed Process of Deposition Subpoena To Tes­
tify Or Produce Documents of Things by 
Marshals Return exec. Headmaster, Chickasaw 
Academy at Van Fleet, Mississippi, Howard C. 
Bowles on 4-12-71, Bennett DUSM.

4-15-71 Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal, North Mississippi 
Academy (Calvary Baptist Church) Mrs. Tom 
C. Stewart, on 4-15-71. Williams DUSM

4-16-71 Filed Process of Deposition Subpoena To Tes-



8

4-16-71

4-16-71

4-16-71

4-16-71

4-16-71

4- 16-71

tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal, Montgomery- Car- 
roll Academy, Marion L. Branch, on 4-15-71. 
(Jones, DUSM) (Winona, Miss.)
Pilled Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal of Kirk Academy, 
Allen R. Smithers, on 4-15-71 at Grenada, Miss., 
(Jones, DUSM)
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal of Grenada Lake 
Academy, William C. Jaudon, on 4-15-71 at Gore 
Springs, Mississippi. (Jones, DUSM)
Piled Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Headmaster, Calhoun Acad­
emy, Mrs. Jeanett S. Mayhan, on 4-15-71 at Cal­
houn City, Mississippi. (Jones, DUSM)
Entered—Order signed by Judge Keady on 4- 
15-71, ordering that deposition subpoena no­
ticed by Plaintiffs for April 20,1971 at Aberdeen 
is stayed pending a consolidated hearing by the 
Court of numerous identical motions to quash 
depositions filed by officials of other private 
schools situated. Counsel will be given notice 
in the future of the time date & Place of hearing; 
in Civil Order Book 20, page 240 Copy of Order 
has been sent to Counsel. Notice of entry mailed. 
Piled Process of Subpoena by Marshal’s Return 
exec. HeadMaster, Starkville Academy Don 
Johnson on 4-13-71 at Starkville, Miss. (Phillips 
U.S.M.)
Piled Process of Subpoena by Marshal’s Return 
exec. Principal We Care Academy, Paye Brant 
on 4-13-71 at Kosciusko, Miss. (Phillips USM) 
Piled Process of Subpoena by Marshal’s Return 
exec. Headmaster, Winston Academy, M. G. 
Turner, on 4-13-71 at Louisville, Miss. (Phillips 
U.S.M.)
Piled Process of Subpoena by Marshal’s Return 
exec. Principal, French Camp, Miss. Sam Allan,



9

4-19-71

4-20-71

4-20-71

4-20-71

4- 21-71

on 4-13-71 at French. Camp, Miss. (Phillips 
USM)
Filed Process of Subpoena by Marshal’s Return 
exec. Principle, Ministerial High School West 
Point, Miss. (William Robbins), on 4-12-71. 
(Phillips USM)
Filed Process of Subpoena by Marshal’s Return 
exec. Principal Oak Hill Academy, Frank Chiles, 
on 4-12-71 at West Point, Miss. (Phillips USM) 
Filed Process of Subpoena by Marshal’s Return 
exec. HeadMaster, Pheba Academy, Mrs. Sarah 
Jackson, on 4-12-71 at Pheba, Miss. (Phillips 
USM)
Filed Process of Subpoena by Marshal’s Return 
exec. Headmaster, East Lowndes Academy 0. T. 
Buckley, on 4-12-71 at Steens, Mississippi. 
(Phillips USM)
Entered Order signed by Judge Keady on 4-16- 
71, ordering that the deposition and subpoena 
production of documents noticed by Plaintiffs for 
Mon. April 19, 1971 at 4 p.m. at Aberdeen, Miss, 
is stayed pending a consolidation hearing by 
Court of numerous identical to quash depositions 
filed by officials of other private schools similarly 
situated. Counsel will be given notice of time, 
date and place of hearing, in Civil Order Book 
20, page 242. Copy of order has been sent to 
Counsel. Notice of entry mailed.
Filed Motion To Quash or in the Alternative For 
Protective Order. Copy to Law Clerk.
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents of Things by Mar­
shal’s Return exec. Headmaster of College Hill 
Academy, Mr. Adkins on 4-20-71 at Oxford, Miss. 
(DUSM Williams)
Filed Motion to Quash or in the Alternative for 
Protective Order—copy to Law Clerk.
Filed Motion To Quash Subpoena. (Mrs. Stew­
art, North Mississippi Academy) with Affidavit 
attached. Filed Notice of Motion. Copy to Law 
Clerk.



10

4-21-71 Filed Motion To Quash or in the Alternative For 
Protective Order. Copy to Law Clerk.

4-21-71 Filed Process of Deposition subpoena to testify 
or produce Documents or Things by Marshal 
return exec. Principal, Paynes Academy, 
Charleston, Miss, on 4-20-71. (Hasting DHSM) 
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Thing by Mar- 

_ shal’s Return exec. Principal, West Tallahatchie 
Academy, Summer, Miss, on 4-19 (Hasting, 
DHSM)
Filed Process of Deposition Supbpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Headmaster, Bayou Acad­
emy, Skene, Mississippi on 4-19-71. (Hasting, 
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal, North Central 
Mississippi Schools, (Enid Academy) Enid, Mis­
sissippi on 4-20-71. (Hasting, DUSM)
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal First Baptist Pa­
rochial, Batesville, Miss, on 4-20-71 (Hasting, 
DHSM)
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal, Presbyterian Day 
School, Cleveland, Miss, on 4-16-71. (Hasting, 
DHSM)
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Headmaster, West Panola 
Schools, Inc., Batesville, Miss, on 4-20-71. (Hast­
ing, DHSM)
Filed Process of Deposition Subpoena To Tes­
tify or Produce Documents or Things by Mar­
shal’s Return exec. Principal Duncan Academy, 
Duncan, Miss, on 4-19-71 (Hasting DHSM)

4-22-71 Filed Motion To Quash Subpoena Duces Tecum 
in behalf of Mrs. Weems, Principal of Paynes



11

4- 22-71

4-22-71

4-22-71

4-22-71

4- 22-71

Academy, Charleston, Miss. Sent copy of motion 
to Hon. Levanthal and Hon. Judge Keady.
Filed Motion To Quash Subpoena Duces Tecum 
in behalf Lamar Leggett, Principal of West 
Tallahatchie Academy, Summner, Miss. Attorney 
mailed copy of Motion to Hon. Levanthal and to 
Hon. Judge Keady.
Entered Order signed by Judge Keady on 4-21- 
71, ordering that taking of certain deposition and 
subpoena issued pursuant thereto directed to 
G-reg Adkins is hereby stayed until further order 
of this court, in Civil Order book 20, page 245. 
Copy sent to Counsel. Notice of entry mailed. 
Filed USM-285 (Marshals Form) of Deposition 
Subpoena To Testify Or Produce Documents or 
Things with return unexecuted Principal, Light­
house Christian Academy, Olive Branch, Miss. 
Notice of Depositions Upon Oral Examination 
attached.
Filed Process of Deposition subpoena To Testify 
or Produce Documents or Things by Marshals 
return exec. Headmaster, Northwest Academy, 
Arkabutla, Miss, on 4-21-71. (Hasting, DUSM) 
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
return exec. Principal, Highway Baptist Paro­
chial Academy, Southhaven, Miss, on 4-21-71(1) 
(Hasting, DUSM)
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Headmaster, Magnolia Heights 
Schools, Senatobia, Miss, on 4-21-71. (Hastings, 
DUSM)
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Headmaster, Hillcrest Academy on 
4-21-71. (Hasting, DUSM)
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Headmaster, Leland Academy, 
Leland, Miss, on 4-21-71. (Baldwin DUSM)
Filed Process of Deposition Subpoena To Testify



12

or Produce Documents or Things by Marshals 
Return exec. Headmaster, Washington School, 
Greenville, Miss, on 4-21-71 (Baldwin DUSM) 

4-26-71 Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Principal, Carroll Academy, Car­
rollton, Mississippi on 4-23-71. (Hasting, DUSM) 
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Principal, Greenwood Private Jr. 
High School, Greenwood, Miss, on 4-23-71. (Hast­
ing, DUSM)
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Principal, Pillow Academy, Green­
wood, Mississippi on 4-23-71. (Hasting, DUSM) 

4-26-71 Filed Motion For Order That Deposition Not Be 
Taken on behalf of Bernard Taylor, Principal of 
Carroll Academy, with attachments. Copy to Law 
Clerk.
Filed Motion To Quash Subpoena on behalf of 
Bernard Taylor with Affidavit and attachments. 
Copy to Law Clerk.
Filed Motion To Quash Subpoena on behalf of 
Seth Dillon, Principal of Pillow Academy. Copy 
to Law Clerk.
Filed Motion For Order That Deposition Not Be 
Taken on behalf of Seth Dillon, Pillow Academy. 
Copy to Law Clerk.

4-26-71 Filed Motion For Order That Deposition Not Be 
Taken on behalf of Robert Leon Holly, Principal 
of Greenwood, Private Jr. High School. Copy to 
Law Clerk.
Filed Motion To Quash Subpoena on behalf of 
Robert Leon Holly, Principal of Greenwood, 
Private Jr. High School. Copy to Law Clerk. 

4-27-71 Filed Motion To Quash Subpoena Duces Tecum 
on behalf of Joe Thomas, Headmaster of North 
Sunflower County Foundation, Inc. Copy to Law 
Clerk.
Filed Motion To Quash Subpoena Duces Tecum 
on behalf of Joe Thomas, Headmaster of North



13

4-27-71

4-27-71

4- 28-71

5- 11-71 

5-13-71

5-17-71

5-21-71

4- 27-71

5- 21-71

Sunflower County Foundation, Inc. Copy to Law 
Clerk.
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return exec. Principal, Greenville Christian Day 
School, Greenville, Miss, on 4-26-71, (Hasting’, 
DUSM)
Filed Process of deposition Subpoena To Testify 
or Produce Documents or Things by Marshals’ 
Return exec. Headmaster, North Sunflower 
Academy, Ruleville, Mis. on 4-26-71 (Hasting, 
DUSM)
Filed Process of Deposition Subpoena To Testify 
or Produce Documents or Things by Marshal’s 
Return Headmaster, Central Delta Academy, 
Inverness Baptist Church on 4-26-71. Returned 
Unexecuted, Could not locate school. (Hasting, 
DUSM)
Filed Motion To Quash Subpoena Duces Tecum 
on behalf of Don Johnson, Starkville Academy. 
Copy to Law Clerk.
Placed Notice of Hearing on Pending Motions To 
Quash Depositions in jacket file. Mailed to Coun­
sel Concerned. (Positively No Continuance) 
Entered Order signed by Judge Keady on 5-12- 
71, ordering that William 0. Luckett have per­
mission to withdraw as said counsel for Sister 
Elizabeth Jean Fracchia, Principal of St. Eliza­
beth School. Mailed Copy to Hon. Leventhal. 
Notice of Entry Mailed. COB 20, page 261.
Filed Motion To Quash Subpoena Duces Tecum. 
Copy to Law Clerk.
Filed Notice of Motion.
Entered Order, signed by Judge Smith on 5-20- 
71, staying notices and subpoenas to compel 
private sch. officials to appear and be deposed 
outside the county of their residence and schools; 
representatives of private schools have to May 
30,1971 to file affidavits, in COB 20, page 273-274. 
Notice mailed to counsel.
Placed Courtroom sheet in jacket file—Hearing 
on 5-19-71.



14

5-25-71

5- 28-71

6- 1-71

5- 27-71

6- 4-71 

6-4-71

6-11-71

6-14-71

5- 24-71 Filed Motion For Preliminary Injunction— 
Mailed copy to law clerk.
Filed Amended Notice of Depositions Upon Oral 
Examination. Copy to Law Clerk.
Filed Motion To Quasli Subpoena, Hon. Andreq 
K. Naugle, III Atty. for Plieba Academy, West 
Copy to Law Clerk.
Placed letter in jacket file to Attys. from John 
Hailman, Law Clerk to Judge Keady informing 
them that case has been firmly set for final hear­
ing before 3-Judge Court at 10:00 A. M., July 9, 
1971 in Greenville, Miss.
Eeceived in Clarksdale—letter from Brunini, 
Everett, Grantham & Quin stating that they 
represent Sister Elizabeth Jean Fracchia, Prin­
cipal of St. Elizabeth School.
Filed Amended Notice of Depositions Upon Oral 
Examination. (Melvyn R. Leventhal) Copy to 
Law Clerk.
Filed Second Motion To Quash Subpoena Duces 
Tecum. (Gene L. Barbour, Principal of Lee 
Academy, Clarksdale, Miss.)
Filed Second Motion To Quash Subpoena Duces 
Tecum, (Rebecca H. Walton, Principal of Lula, 
Mississippi) Copies mailed to Francis by J. 
Trawick, Clarksdale, Miss.)
*Filed Motion To Dismiss & Response to Order 
filed by the Internal Revenue Service in connec­
tion with Green Y. Kennedy, No. 1355-69, D.C. 
on Sept. 30,1970 & Aug. 21,1970 
* (certified copy of above) Copies have been sent 
to all 3 three judges by Leventhal.
Filed Additional Deposition taken by the United 
States in Connection with Coffey v. State Edu­
cational Finance Commission. Civil Action No. 
3906. (Loretta Turner, Theodore Prevost, Luther 
W. Tanner, Mrs. Robert Morton, Barbara Creek- 
more, Ecr.
John Andrew, Dr. Gus A. Bynum, Burnice W. 
Smith, Harry L. Marsalis, Harold A. Thompson, 
Medford Evans, William Simmons, Louis W.



15

6-17-71

6- 16-71

6-23-71

6- 30-71
7- 1-71

7-7-71

7-8-71

7- 9-71

Hollis, Richard Morphew, Mrs. Eloise Alderman 
and etc.
Filed Deposition of Lloyd R. Henderson, Ph.D. 
Placed exhibits in file 1-16.
Filed Depositions of Officers of the following 
schools in connection with Coffey Y. State Edu­
cational Finance Commission, Civil Action No. 
3906: North Delta School, Inc., County Day 
School, Jackson, Academy, South Side Academy, 
Vicksburg Academy (Citizens Educational Foun­
dation), South West Academy, Lamar School 
Foundation, Cruger-Tchula Academy, Canton 
Academy, Indian ola Educational Foundation, 
East Holmes Academy.
Filed depositions taken by the United States in 
connection with Coffey V. State Educational 
Finance Commission, No. 3906: Jefferson Davis 
Academy, Columbus Educational Foundation, 
Deer Creek Educa. Institute, Inc., Harrison 
County Private School, Sharkey-Isssaquenna 
Lula-Rich Educational Foundation, Inc.
Mailed File to Greenville.
Filed Depositions of the following:
Janette Mayhan, Frank Alvin Weeks, Norman 
McKenzie, Jr., Thomas Spight, Joe Thomas, 
Bernard Taylor, Howard C. Bowles, Jamie W. 
Howell, A. E. Smithers, H. D. Graham, William 
C. Jaudon, Jr., Charles (Brownie Tohill, Harvey 
S. Jackson, A. L. Minor, Phoebe Stewart, Doug 
Herring. (Mailed to Greenville, Miss.)
Filed Deposition of M. A. Snowden. (Filed in 
Greenville by M. Guyton)
Filed Stipulation entered into between the par­
ties. Copy to Judge’s Smith’s Law Clerk, orig­
inal to Oreenville where file is.
Placed letter in jacket file from Hon. William E. 
Lamb, Oxford, Miss, to Hon. M. Leventhal in­
forming him that the information submitted in 
the letter is an alternative to the taking of the 
deposition of Greg Atkins, former Headmaster 
of College Hill Academy, Oxford, Miss.



16

7-13-71

7-19-71

7-20-71

7- 12-71

7-23-71

7-21-71

7- 29-71

8- 3-71

8- 9-71

Filed Deposition of Michael R. Garrett.
Filed Deposition of Anne Windham.
Filed Deposition of Matthew G. Turner, (mailed 
to Greenville)
Filed Motion and Notice of Motion. Copy to Law 
Clerk.
Entered Order signed by Judge Smith on 7-19-71, 
ordering Plaintiffs may prepare a Reply Brief, 
to be transmitted to each member of the Court 
no later than July 30, 1971, in Civil Order Book 
20, page 317. Copies of Order have been sent to 
Counsel & Notice of Entry mailed. Mailed to 
Greenville to be placed in file.
Filed Deposition of Robert Leon Holly.; of 
Greenwood, Miss.
Filed Deposition of Don Johnson of Starkville, 
Miss.
Filed Deposition of Norman E. Harper, of 
Clarksdale, Miss.
Filed Deposition of Seth 0. Dillion of Green­
wood, Miss. Mailed to Greenville.
Filed Deposition of John Shearer, of the Shaw 
Educational Foundation and the Bayou Acad­
emy.
Filed Deposition of Lamar Leggett of Tutwiler, 
Miss.
Filed Deposition of Mrs. Ivy Weems, Tippo, 
Miss. Mailed to Greenville, Miss.
Filed Deposition of M. L. Branch of Winona, 
Miss.
Filed Deposition of LaVenna Tucker Wright of 
Clarksdale, Miss. Mailed above to Greenville. 
Filed Deposition of Gene L. Barbour of Clarks­
dale, Miss.
Filed Deposition of Mrs. Rebecca H. Walton of 
Clarksdale, Miss.
Filed Deposition of Kathrine S. Wilson of 
Clarksdale, Miss.
Filed Deposition of Elizabeth P. Dean of Cleve­
land, Miss.
Filed Motion To Supplement The Record. Copy 
has been sent to Judges Concerned.



17

8- 23-71

9- 3-71

4- 18-72

5- 11-72 

5-15-72

8- 10-71

5- 16-72

Filed Notice of Motion. Copy has been sent to the 
Judges concerned. Charts attached.
Entered Order signed by Judge Keady on 9-9-71; 
Ordered plaintiffs’ post-trial motion to supple­
ment the record be, and is sustained and the rec­
ord accordingly supplemented, in Civil Order 
Book 21, page 11. Copy of Order has been sent to 
Judges Smith & Coleman & to Attorneys con­
cerned. Notice of entry mailed.
Filed Deposition of Sam Allen, principal of 
French Camp Academy, with Accountants’ Re­
port attached.
Filed Oral Deposition of Mrs. Helen Bounds (St. 
George Episcopal Day School, Clarksdale, Miss.) 
with exhibits attached. (Mailed to Mrs. Guyton, 
Courtroom Deputy, Aberdeen, Miss.)
Filed Opinion Of The Court written by Judge 
Coleman.
Entered Judgment signed by Judge William C. 
Keady on 4-17-72 ordering: All relief sought by 
Plaintiffs be and the same is hereby denied and 
The Complaint is finally dismissed with preju­
dice. All costs are taxed to plaintiffs; in Civil 
Order Book 21, page 265. Copies of Judgment are 
being sent to Counsel concerned and Notice of 
Entry mailed. J. S. 6
Filed Motion For Leave To Supplement the 
Record. Copy to Law Clerk. Exhibits attached. 
Entered Order signed by Judge Keady on 5-15-72 
ordering that leave is hereby granted to plain­
tiffs to supplement and include in the record of 
this cause the four exhibits to which reference is 
made in their motion and the Clerk of this Court 
is directed to make such inclusion, in Civil Order 
Book 21, pg. 291. Copies of the order have been 
sent to persons concerned and Notice of Entry 
mailed.
Filed Notice of Appeal to the Fifth Circuit. 
Copies to all concerned.
Filed Notice of Appeal to the Supreme Court of 
the United States. Copies to all concerned.



18

5-17-72

5- 19-72

6- 1-72

6- 23-72

7- 3-72

Mailed Certified copies of Judgment and “ Opin­
ion of The Court”  to the Fifth Circuit; Court of 
Appeals as requested and also certified copies of 
docket sheets and copy of letter from Hon. M. 
Leventhal explaining how he wants appeal han­
dled.
Mailed copy of Notice of Appeal and Courtroom 
Deputy Sheet to Mr. Milton Cook, Court Re­
porter when hearings in above case were heard. 
Filed transcript of proceedings had on 7-9-71 at 
10 a.m. in Greenville before Judges Coleman, 
Smith & Heady. (J. Kelley)
Mailed original record to Supreme Court of the 
United States.
Filed Motion to Stay Proceedings on Appeal and 
for Retention of Record in the District Court, 
(copy from U.S. Court of Appeals filed 6-23-72) 
Filed letter from Court of Appeals that Motion 
had been Granted.



I n  T he U nited States D istrict Court 
for the Northern D istrict op Mississippi 

W estern D ivision

Northern District of Mississippi,
Filed Oct. 9, 1970, William T. Robertson, Glerh,

By [illegible], Deputy

D elores Norwood, by her father 
Calvin Norwood; V an Siggers, 
by his mother F loy Gates Sig­
gers; A udrey Shanda W oodard, 
by her father H enry K ing W ood­
ard; A ndrew Galloway, by his 
mother Gertrude Galloway,

plaintiffs,
V .

D. L. H arrison, Sr., J im C. B ar- Civil Action 
nett, Irene B reland, Garvin ' No. WC7053-K 
J ohnston, as members of the 
Mississippi State Textbook Pur­
chasing Board; J ohn B ell W il­
liams, as ex-officio chairman of 
the Mississippi State Textbook 
Purchasing Board and M. A.
Snowden, as Executive Secretary 
of the Mississippi State Textbook 
Purchasing Board,

DEPENDANTS.

Complaint

1. Jurisdiction of this Court is invoked pursuant to 28 
U.S.C. § 1343(3) and (4). This is a suit in equity authorized 
by 42 U.S.C. § 1983, which seeks to redress the deprivation 
of rights assured and protected by the Fourteenth Amend­
ment to the Constitution of the United States.

2. Plaintiffs seek a temporary restraining order and pre­
liminary and permanent injunctions enjoining defendants 
from providing, or permitting the distribution or sale of, 
state purchased and owned textbooks to private racially 
segregated schools and academies.

19



20

3. The named plaintiffs herein, Delores Norwood, Van 
Siggers, Audrey Shanda "Woodard and Andrew Galloway 
are black citizens of the United States residing in Tunica 
County, Mississippi. They are students in attendance at the 
public schools of the Tunica County School District. Their 
right to a racially integrated and otherwise non discrimina­
tory public school system, vindicated by order of this Court 
dated January 23,1970 [United States and Driver v. Tunica 
County School District, Civil Action Nos. DC 6718 and 
7013], and their right to the elimination of state support 
for racially segregated schools, has been frustrated and/or 
abridged by the creation of the racially segregated Tunica 
County Institute of Learning and the policies and practices 
of defendants as set forth below. The named plaintiffs are 
represented herein by their parents.

4. The named plaintiffs bring this action as a class action 
pursuant to Rule 23 of the Federal Rules of Civil Procedure. 
They sue in their own behalf and in behalf of students 
throughout the state of Mississippi who are aggrieved by 
the policies and practices of defendants complained of 
herein. The members of the class on whose behalf plaintiffs 
sue are so numerous so as to make it impracticable to bring 
them all individually before the Court, but there are com­
mon questions of law and fact involved and common griev­
ances arising* out of common wrongs. A common relief is 
sought for plaintiffs and all members of the class. The 
plaintiffs fairly and adequately represent the interests of 
the class. The policies and practices of defendants com­
plained of herein are applicable to the plaintiff class gen­
erally. Moreover, the questions of law and fact common to 
the members of the class predominate over any question 
affecting only individual members and a class action is 
superior to other available methods for adjudication of the 
controversy.

5. Defendants, members of the Mississippi State Text­
book Purchasing Board (hereinafter the “ Purchasing 
Board” ), and their respective addresses are: D. L. Harri­
son, Sr., Calhoun City, Mississippi; Jim C. Barnett, Gulf­
port, Mississippi; Irene Breland, Jackson, Mississippi and 
Garvin Johnston, Jackson, Mississippi. Defendant John 
Bell Williams is Governor of the State of Mississippi and 
ex-officio chairman of the Purchasing Board.



21

6. Defendant M. A. Snowden is the executive secretary 
of the Purchasing Board. He maintains records and other­
wise administers the Purchasing Board’s programs and 
activities on a day to day basis.

7. Under the laws of the State of Mississippi, defendants 
select, purchase, distribute, loan and otherwise dispose of 
textbooks, in behalf of the State of Mississippi, for the use 
of children enrolled in the elementary and secondary schools 
in the State of Mississippi, (Miss. Code Anno. §<§> 6634, 
et. seq.). Defendants have pursued and presently pursue 
the unlawful policies and practices complained of herein 
under the color of authority vested in them by the laws of 
the State of Mississippi and the rules and regulations 
promulgated pursuant thereto.

8. Beginning with the 1964-65 school year—when the first 
school districts in Mississippi were required to integrate 
under freedom of choice—and through the present, numer­
ous private schools and academies have been either formed 
or enlarged, which schools have established as their objec­
tive and/or have had the effect of affording the white chil­
dren of the State of Mississippi racially segregated elemen­
tary and secondary schools as an alternative to racially 
integrated and otherwise non-discriminatory public schools.

9. The defendants have provided these racially segre­
gated schools and academies and the students attending 
such schools, either through sale or loan, textbooks pur­
chased and owned by the State of Mississippi and have 
thereby provided state aid and encouragement to racially 
segregated education and have thereby impeded the estab­
lishment of racially integrated public schools in violation of 
plaintiffs’ rights assured and protected by the Fourteenth 
Amendment to the Constitution of the United States.

W h e r e e o e e , plaintiffs respectfully pray that this Court:
1. Forthwith enter an order requiring an accounting by 

defendants of all textbooks purchased from the State of 
Mississippi or on loan from the State of Mississippi by 
private schools and/or the students enrolled therein;

2. Forthwith enter an order preliminarily enjoining de­
fendants to immediately recall, and otherwise assure the 
return to state depositories, all textbooks owned by the 
State of Mississippi presently being used by students in 
attendance at private schools which have already been



22

adjudged by other United States Courts both in Mississippi 
and the District of Columbia as racially segregated and 
which have been formed to provide white students with an 
alternative to racially integrated and non-discriminatory 
public schools;

3. Forthwith enter an order preliminarily enjoining de­
fendants from any further sale or distribution of state 
owned textbooks to any private school and/or students 
enrolled therein without first notifying plaintiffs herein and 
obtaining the approval of this Court;

4. Thereafter permanently enjoin defendants from dis­
tributing any state owned textbooks to any private school 
and/or students enrolled therein without first notifying 
plaintiffs and obtaining approval of this Court and without 
first establishing that the private school is racially inte­
grated both as to students and faculty and has not had the 
effect of frustrating or impeding the establishment of 
racially integrated public schools.

5. Grant such additional or alternative relief as the Court 
deems just and equitable.

Bespectfully submitted,
/ s /  Melvyn B. L eventhal 

F eed L. B ax ks 
B etjben Y . A nderson 
J ohn A. Nichols 

538% North Farish Street 
Jackson, Mississippi 39202 

B obebt J. K elly 
113 Wood Street 
Batesville, Mississippi 38606 

J ack Greenberg 
Norman Chachkin 

Suite 2030 
10 Columbus Circle 
New York, .New York 10019 
Counsel for Plaintiffs



1st T he U nited States D istrict Court 
for the Northern D istrict of Mississippi 

W estern D ivision

Delores Norwood, et al.,
PLAINTIFFS

v.
D. L. Harrison, Sr., et al.,

DEFENDANTS

A nswer of D efendants— Filed November 5, 1970
Tbe Defendants in the above styled action, by and through 

their attorney, file herewith their Answer to the Complaint 
filed against them:

Civil Action 
' No. 70-53-K

First Defense
This Court has no jurisdiction of the parties nor of the 

subject matter of this cause.

Second Defense
The Complaint fails to state a claim against these De­

fendants upon which relief can be granted.

Third Defense
Defendants herein have immunity from the action filed 

herein against them.

Fourth Defense
Further, in answer to the allegations of the Complaint:

( 1 )
Defendants deny the allegations of Paragraph 1 of the 

Complaint.

( 2)
Defendants admit the allegations of Paragraph 2 of the 

Complaint.
23



24

(3)
Defendants deny the allegations of Paragraph 3 of the 

Complaint.

(4)
Defendants deny the allegations of Paragraph 4 of the 

Complaint.

(5)
Defendants admit the allegations of Paragraph*5 of the 

Complaint.

( 6 )

Defendants admit the allegations of Paragraph 6 of the 
Complaint.

(7)
Defendants deny the allegations of Paragraph 7 of the 

Complaint and would state that any statutes referred to 
therein speak for themselves.

( 8 )

Defendants deny the allegations of Paragraph 8 of the 
Complaint.

(9)
Defendants deny the allegations of Paragraph 9 of the 

Complaint.
Defendants deny that Plaintiffs are entitled to any relief 

in this action and pray that the action be dismissed at 
Plaintiffs’ cost.

Respectfully submitted,
A. P. Summer, Attorney General of 

the State of Mississippi 
W illiam A. A llain, Assistant Attor­

ney General of the State of Missis­
sippi



25

Jesse R. A dams, J r.,
Special Assistant Attorney General 
of the State of Mississippi 
Attorneys for Defendants 

/&/ by: J esse R. A dams, Jr.

C e r t i f i c a t e  
(omitted in printing)



I n- T he U nited States D istrict Court 
Northern D istrict oe M ississippi

[Northern District of Mississippi, Filed Dec. 21, 1970, 
William T. Robertson, Clerk,

By Helen P. Burnett, Deputy]
Delores Norwood, by her father 
Calvin H orwood: Y an S iggers, 
by his mother F loy Gates S ig­
gers: A udrey Shada W oodard, 
by her father H enry K ing W ood­
ard: A ndrew Galloway, by his 
mother Gertrude Galloway,

p l a i n t i f f s

vs.
D. L. Harrison, Sr., J im C. B ar­
nett, Irene B reland, B aryin 
J ohnston, as members of Missis­
sippi State Textbook Purchasing 
Board; J ohn B ell W illiams, as 
ex-officio chairman of the Miss. 
State Textbook Purchasing Board 
and M. A. Snowden, as Executive 
Secy, of the Miss. State Textbook 
Purchasing Board,

DEFENDANTS.

Civil Action
No. WC 7053-K
(1) Requesting 

Judge: 
Honorable 
W illiam C. 
K eady

Northern District of
Mississippi
(2) District Judge: 

Honorable 
Orma R. Smith

Northern District of
Mississippi
(3) Circuit Judge: 

Honorable 
James P. 
Coleman

(4) Date of Order: 
December 16, 
1970

The Requesting Judge (1) above named to whom an ap­
plication for relief has been presented in the above cause 
having notified me that the action is one required by Act of 
Congress to be heard and determined by a District Court of 
three Judges, I, John R. Brown, Chief Judge of the Fifth 
Circuit, hereby designate the Circuit Judge (3) and District 
Judge (2) named above to serve with the Requesting Judge 
(1) as members of, and with him to constitute the said Court 
to hear and determine the action.

This designation and composition of the three-Judge 
court is not a prejudgment, express or implied, as to 
whether this is properly a case for a three-Judge rather 
than a one-Judge court. This is a matter best determined

26



27

by the three-Judge Court as this enables a simultaneous 
appeal to the Court of Appeals and to the Supreme Court 
without the delay, awkwardness, and administrative in­
sufficiency of a proceeding by way of mandamus from either 
the Court of Appeals, the Supreme Court, or both, directed 
against the Chief Judge of the Circuit, the presiding Dis­
trict Judge, or both. The parties will be afforded the oppor­
tunity to brief and argue all such questions before the three- 
Judge panel either preliminarily or on the trial of the 
merits, or otherwise, as that Court thinks appropriate. See 
Jackson v. Choate, 5 Cir., 1968, 404 F.2d 910, Jackson v. 
Department of Public Welfare of the State of Florida, S.D. 
Fla., 1968, 296 F.Supp. 1341; City of Gainesville, Georgia v. 
Southern Railway Company, N.D. Ga., 1969, 296 F.Supp. 
763; Smith v. Ladner, S.D. Miss., 1966, 260 F.Supp. 918; 
Hargrave v. McKinney, M.D. Fla., 1969, 302 F.2d 1381; 
Langford v. Barlow [No. 26770], 5 Cir., 1969, 417 F.2d 628, 
Langford v. Barlow, W.D. Tex., 1969, 304 F.Supp. 657;

/ s /  J ohn R. B rown 
Chief Judge 
Fifth Circuit



I n T he U nited States D istrict Court 
for the Northern D istrict of Mississippi 

W estern D ivision

Delores Norwood, et al.,
p l a i n t i f f s ,

v.
D. L. Harrison, Sr., et al.,

DEFENDANTS.

Order— filed March 1,1971
Plaintiffs having filed Motion for Accounting, Motion to 

Compel Defendants to Compile Data, Motion for Leave to 
Supplement the Record and Motion to Compel Answers 
to Request for Admissions or in the Alternative Motion to 
Supplement the Record; and the Court having read, heard 
and considered argument of counsel and having examined 
the jacket file; it is hereby Ordered :

1. Plaintiffs’ Motion for Accounting is Granted as 
follows:

A. Defendants shall forthwith post to each private school 
presently operating in the state of Mississippi a blank 
Inventory Report form. By cover letter, signed by the 
defendant executive secretary, each private school shall be 
directed to file, within fifteen days from the date of the cover 
letter, a completed Inventory Report which records the 
number of state owned textbooks presently in use or in stock 
at the private school.

B. Upon the return of completed Inventory Reports de­
fendants shall prepare a compilation which reflects for each 
private school presently operating in Mississippi: i) the 
number of state owned textbooks presently in use or in 
stock; ii) the cost of such books to the state of Mississippi.

2. Plaintiffs’ Motion to Compel Defendants to Compile 
Data is Granted as follows:

The Attorney General of the state of Mississippi is re­
quired to promptly prepare and post a letter to the head­
master or principal of each private school presently operat­
ing in the state of Mississippi. The letter shall advise each

28

Civil Action 
_ No. WC70-53-K 

(Three-Judge 
Court)



29

private school that this Court requested that it report the 
following information to the Attorney General within fifeen 
(15) days:

a) The number of students by race presently enrolled in 
the private school;

b) The number of faculty members by race presently 
employed by the private school;

c) The grades served by the private school.
3. No later than ten days after the due date of reports 

required in paragraphs 1 and 2 above, the Attorney General, 
or his representative, is requested to notify the clerk of this 
Court of the names of all private schools which have failed 
or refused to file either or both reports specified in this 
order. A copy of the notification to the clerk of the Court 
shall be sent, by certified mail, to each private school listed 
in the notification.

4. No sooner than five days after the Attorney General 
files notification with the clerk of this Court, plaintiffs and/ 
or defendants, shall seek from this Court further instruc­
tions and guidance on the methods to be employed to obtain 
the reports required by this order. And the Court reserves 
ruling on sanctions to be imposed upon private schools 
which fail to file the reports required by this order.

5. Plaintiffs’ Motion for Leave to Supplement the Record 
and Motion to Compel Answers to Request for Admissions 
or in the Alternative Motion to Supplement the Record are 
Gbanted as follows:

A. The Stipulations of Pact entered by the parties in 
Coffey v. State Educational Finance Commission, Civil Ac­
tion No. 3906, S.D. Miss., three-judge district court, and 
attached to plaintiffs ’ October 9, 1970 Request for Admis­
sions shall be entered by the clerk of this Court as part of 
the record herein and shall be considered by the Court as 
admissions by the state of Mississippi binding upon the 
State Textbook Purchasing Board;

B. Copies of depositions taken by the United States in 
connection with Coffey v. State Educational Finance Com­
mission, Civil Action No. 3906, S.D. Miss., three-judge dis­
trict court, may be filed by plaintiffs with the clerk of this 
Court and entered as part of the record herein as if plain­
tiffs had taken such depositions in connection with this 
action;



30

0. The document referred to as Defendants’ Proffer of 
Additional Enrollment Statistics, an attachment to the Con­
sent Order entered on June 26, 1970 in Green v. Kennedy, 
Civil Action No. 1355-69, D.D.C., three-judge district court, 
which document is included in plaintiffs’ October 9, 1970 
Request for Admissions shall he entered as part of the 
record in this cause; within thirty days from the date of 
this order defendants may file with the clerk of this Court, 
a designation which specifies errors contained in the docu­
ment. And in the event that defendants fail to designate 
errors, this Court will consider the information reflected in 
Defendants’ Proffer of Additional Enrollment Statistics as 
if fully proved by plaintiffs herein.

6. All reports required by this order and received by the 
Attorney General or the defendant Textbook Purchasing 
Board shall be made available to plaintiffs’ counsel for 
reproduction and inspection.

Ordered this 1st day of March, 1971.
/ s /  W illiam C. K eady

United States District Judge
Approved As To Form:
Melvyn R. Leventhal 
Melvyn R. L eventhal 

Counsel for Plaintiffs
Jesse R. Adams, Jr.
J esse R. A dams, J r .

Counsel for Defendants



1st T he U nited States D istrict Court 
for the Northern D istrict of Mississippi 

W estern D ivision

Delores Norwood, et al.,
Plaintiffs,

Civil Action
v* [ No. WC70-53-K

D. L. H arrison, S r ., et al.,
Defendants.

Motion to Supplement the R ecord—
Filed Aiigut 9, 1971

Plaintiffs respectfully move this Court to enter an order 
supplementing the record in this cause to include the 
following:

1. A  letter received from counsel for the College Hill 
Academy of Lafayette County recording information re­
garding that academy which was provided by agreement of 
the parties as an alternative to the taking of a deposition.

2. A compilation of private non-catholic schools presently 
receiving state owned textbooks, the number and value of 
textbooks at each such school, and the number of teachers 
and students by race at each such school during the 1970-71 
school year. This chart was compiled by defendants pur­
suant to an order entered by Judge Keady and was trans­
mitted to each member of the Court by counsel for defend­
ants. But defendants failed to file a copy with the clerk of 
the Court.

3. A  chart styled Interdependence of Public School De­
segregation and the Formation and Growth of Private 
Academies, which has been sent to each member of the 
Court, but which does not as yet appear in the jacket file.

All documents referred to herein are attached to and 
made a part of the motion.

Respectfully submitted,
/ s /  Melvtn R. Leventhal 

F red L. Banks, Jr .
538% North Farish Street 
Jackson, Mississippi 39202

31



Sectarian

N am e o f  School
N o. o f  
BooTcs Cost to  S tate

1. Presbyterian Day School 264 # 576.45
x 2. French Camp Academy 654 2,672.58

3. Chamberlain-Hunt Academy 829 3,398.82
4. Clarksdale Baptist 2356 5,937.45
5. First United Methodist 1305 3,029.25
6. Presbyterian Day School 1247 2,323.11
7. St. George’ s Episcopal 1340 2,885.54
8. Christ Episcopal Day School 2075 5,218.28

x 9. St. P aul’s Inter-Parochial 1264 2,558.77
*10. St. Andrew ’ s Episcopal 2492 6,600.27

11. Woodland Hills Baptist Academy 2279 5,598.42
x 12. Saints Academy 2148 7,259.40

13. Heidelberg Baptist Academy 1993 5,557.50
14. Jesus Name Faith 85 170.70
15. St. John ’s Day School 1130 2,465.85
16. First Baptist Parochial 630 1,499.64
17. Sylvarena Baptist Academy 1671 4,255.77

x 18. All Saints Episcopal 150 677.70
19. Gospel Lighthouse Christian 119 472.95

T otals 24,031 63,158.45

20. Adams County Private 2513 $ 8,327.34
21. Adams County Christian 3452 8,918.07
22. Amite School Corporation 3950 11,875.26

N o. Students N o. F a cu lty Grades
hy B ace  * hy B ace S erved

135 W 7 W K-5
99 W 14 W 9-12

360 W 26 W 7-12
424 W  3 O 18 W 1-8
169 W 9 W 1-6
141 *
169 W 11 W K-6
265 W 24 W K-12
154 W  12 B 8 W K-6
403 W  9 B 2 4 W 1 B K-9
428 16 1-10
273 B 17 B 1 W 1-12
295 W 13 W 1-12

44 W 5 W 1-12
182 W  2 L A 12 W K-6

78 W 7 W 1-8
236 W 13 W 1-11
148 W  3 B 15 W 9-12
22 W 3 W 1-12

3611 White 242 White
297 Black 18 Black

3 Oriental
1006 36 1-12

535 W 26 W 1-12
581 W 25 W 1-12



23. Pine Hills Academy 1839 5,194.44
24. Gray Academy 1320 3,932.43
25. Shaw Educational Foundation 1480 4,443.00
26. Calhoun Academy 294 655.14
27. Carroll Academy 358 1,084.83
28. Chickasaw Academy 1420 3,586.17
29. Clarke Academy 387 1,478.04
30. Oak Hill Academy 2348 6,739.17
31. Pheba Academy 675 1 636.14
32. Happy Day School 652 884.73
33. Copiah Academy 2472 7,312.20
34. The Children’s Academy 726 2,588.70
35. Union Private 1578 4,526.16
36. Sanford Academy 787 2,277.54
37. Covington School Foundation 512 1,494.36
38. J. A. Beeson Academy 1531 4,229.04
39. Kirk Academy 842 3,061.74
40. Gremada Lake Academy 2523 7,119.58
41. Westminster Academy 252 773.86
42. Bearss Academy 417 1,146.18
43. Jackson Academy 3071 6,652.56
44. Southwest Academy 1167 2,649.12
45. Terry Academy 1378 3,884.61
46. Central Holmes 3861 12,787.11
47. Cruger-Tohula Academy 2299 7,712.64
48. East Holmes Academy 2776 7,791.60
49. Four County Academy 815 1,905.90
50. Humphreys Academy 3480 10,000.71
51. Live Oak Academy 218 822.21

328 W
177 W
905
127 W
305 *
164 *
340 *
450 w
133 w
107 W  3 c
483 W
148
202
136 W

75 w
265 w
639 *
381 w
132 w
117 w
575
131 w
157 w
501
438 #
619 w

76 w
395 W  3 C
412 w

w 1-12
w 1-12

1-12
w 1-8

1-12
1-12
1-12

w 1-9
w 1-8
w 1-3
w 1-12

1-10
K-12

w 1-12
w 1-9
w 1-12

w 1-12
w 1-7
w K-8

K-9
w 1-8
w 1-11

1-12

w 1-12
w 1-8
w 1-12
w 1-9

15
12
47

8

25
8
7

23
10
15

9
6

18

13
15

5
54

9
13
21

22
5

22
18



N o. o f N o . Students N o. F a cu lty Grades
N am e o f  School B oohs Cost to  S tate by R ace  * b y  R ace Served

52. Claiborne Educational Foundation 2032 $ 4,792.38 252 W 13 W 1-9
53. Prentiss Christian School 779 1,975.95 180 W 1 0 W 1-9
54. Kemper Aeademy 3849 10,654.85 432 *
55. College Hill Academy 513 1,701.51 199 * 1-12
56. Lawrence County Academy 717 2,149.32 177 W 1 1 W 1-12
57. Leake Academy 2369 6,809.19 500 W 20 W 1-12
58. M  & L  Academy 844 2,013.18 42 W 3 W 1-6
59. Greenwood Private Junior High 1160 4,288.95 227 W 1 1 1 C1M  10 W 7-8
60. Pillow Academy 2453 7,802.87 1,189 * 1-12
61. Brookhaven Academy 2675 6,457.74 307 *
62. Southwest Christian Academy 564 1,689.09 361 *
63. East Lowndes Academy 1745 5,056.02 247 W 16 W 1-11
64. Heritage Academy 1593 4,029.81 350 W 17 W 1-8
65. Canton Academy 8437 25,506.60 1221 W 4  0 54 W 1-12
66. Madison-Ridgeland Academy 448 1,151.01 136 W 9 W 1-9
67. Tri-County Academy 1217 4,327.71 438 W 2 1 W 1-12
68. Columbia Academy 1514 4,914.35 379 23 1-12
69. West Marion Academy 2073 6,336.78 383 14 1-12

*70. C.A.D.E.T, 922 2,329.82 501 B 2W 11 12 W  17B K-12
71. Marshall Academy 1153 3,012.36 600 W 30 W 1-12
72. Mt. Pleasant Christian Aeademy 1254 3,498.30 149 W 10W 1-9
73. North Mississippi Academy 442 1,230.96 95 *
74. Montgomery-Carrol! Academy 699 1,629.49 174 W 1 1 W 1-9
75. Pioneer Academy 438 922.65 45 W 4 W 1-8
76. Newton County Academy 887 2,046.92 78 W 5 W 1-8
77. Central Aeademy 1858 5,329.29 751 W 33 W 1-12



78. Starkville Academy 3229 9,562.77
79. North Delta Schools, Inc. 1021 3,373.19
80. West Panola School 1143 3,134.67
81. Parklane Academy 1539 3,887.01
82. Quitman County Education Foundation 727 3,008.91
83. Brandon Academy 3912 11,447.46
84. East Bankin Academy 1341 3,149.16
85. Flowood Academy 443 1,251.93

*86. Piney Woods 673 2,712.27
87. Bankin Academy 1510 5,302.47
88. Scott County Christian 2235 6,325.58
89. Sharkey-Issaquena Academy 1051 3,815.35
90. Simpson Academy 1266 3,427.89
91. Pines Academy 156 404.82
92. Central Delta Academy 1933 4,878.66
93. Indianola Academy 7985 24,029.01
94. North Sunflower Academy 2243 7,841.28
95. Paynes Academy 1288 3,635.73
96. West Tallahatchie Academy 666 1,856.85
97. Hillcrest Academy 547 1,495.26
98. Magnolia Heights 1930 5,674.80
99. Northwest Academy 1613 4,347.15

100. Tunica Institute 2189 6,851.52
101. Citizen’ s School 1776 4,589.91
102. Walnut Hills School 317 816.42
103. Deer Creek School 1821 5,126.76
104. Wayne County School Foundation 814 2,064.21
105. Centreville Academy 3750 10,295.55

553 W 24 W 1-12
268 *
203 W 15 W 1-12
228 W 12 W 1-9
480 W 29 W 1-12
589 *
180 W 10W 1-9
227 *
200 *
284 W 11 W 1-12
320 W 13 W 1-12
664 W 33 W K-12
270 W 14 W 1-12

44 W 4 W 1-8
208 W 8 C l o w 1-8

1209 56 1-12
626 W 27 W 1-12

96 W 9 W 1-12
178 W 9 W 1-8
165 W 13 W 1-12
228 W 15 W 1-12
239 W 13 W 1-12
495 W 27 W 1-12
255 *
114 W 6 W 1-8
387 W 9  0 24 W 1-12
103. W 6 W 1-9
407 W 18 W 1-12



N o. o f N o . Students N o. F a cu lty S erved
N am e o f  School Bootes Cost to  S ta te b y  Mace * b y  Mace Grades

106. Winston Academy 1781 $5,036.76 288 W 14 W 1-10
107. Benton Academy 3148 8,432.85 421 W 18 W 1-12
108. Bentonia Academy 874 1,951.35 82 W 6 W 1-8
109. Manchester Academy 1004 2,356.92 550 *

T otals 149,953 431,232.15 23,858 White 1249 White
501 Black 17 Black

15 Chinese 
13 Oriental
2 Indians

x No Belief sought by plaintiffs against these Schools.
* School failed or refuses toi provide enrollment; entry derives from Depositions or State Dept, o f Education.

N O TE : The life o f a textbook is 4 years with 25% depreciation each year.
Note appended by plaintiffs: The deposition o f  private school personnel or the deposition o f Mr. Snowden reveal that

the following additional private academies have in their possession state owned text-
books.

110. Highway Baptist School 1,304 $ 2,839.83 104 1-8
111. Jefferson Davis Academy 1,054 3,701.10 356 1-12
112. North Central Miss. Schools 723 1,602.87 67 1-9
113. Wilkinson County Christian 4,002 11,359.74 404 1-12
114. Pearl Biver Academy 660 1,209.06 104 1-8

$20,712.607,743 1,035



I t  is therefore necessary to revise the figures appearing in Plaintiffs ’  B rief, p. 4, as follow s:
1. There are approximately 155 private non-catholic academies operating in the state enrolling approximately 42,000 

students. (1970-71)
2. There are 114 private non-catholic academies, enrolling 35,800 students, presently receiving state owned textbooks. 

Seven o f these 114 schools, enrolling 1,800 students, are n ot challenged by plaintiffs herein.
3. Plaintiffs seek relief against 107 academies, enrolling 34,000 students, which have in use or in stock 173,400 volumes 

o f state owned textbooks, which have cost the state o f Mississippi 1491,000.



I n ' T h e  U n it e © S t a t e s  D is t r ic t  C o u r t

e o r  t h e  N o r t h e r n  D is t r ic t  o f  M is s is s ip p i

W e s t e r n  D iv is io n

Delores Norwood, et al.,
plaintiffs

1 No. WC 7053-K
D. L. H arrison, S r ., et al.,

defendants

Order

Plaintiffs having filed their post-trial motion to supple­
ment the record, and it appearing to the managing judge 
that it is proper for the record to be so supplemented; it is

Ordered
That plaintiffs’ post-trial motion to supplement the rec­

ord he, and the same is hereby sustained and the record 
accordingly supplemented.

This, 9th day of August, 1971.
/ s /  W illiam C. R eady

United States District Judge 
For the Court

3 8



Delores Norwood, et al.,
PLAINTIFFS,

I Civil Action
v- j No. WC70-53-K

D. L. Harrison, S r ., et al.,
DEFENDANTS.

M otion for L eave
to Supplement tlie Record—filed May 15, 1972

Plaintiffs respectfully move the Court for leave to supple­
ment and include in the record of this action the following 
documents attached hereto:

1. Oral Argument—Exhibit One, Statewide Private 
Non-Catholic Schools 1963-64;

2. Oral Argument—Exhibit Two, Statewide Enroll­
ments ;

3. Oral Argument—Exhibit Three, Schools Receiving 
Textbooks And Under Challenge In This Lawsuit;

4. Oral Argument—Exhibit Pour, A Chart Recording 
Characteristics Of Private Schools Evidencing 
Coincidence Of Private School Formation And 
Growth And Public School Desegregation.

All four of these exhibits were before this Court prior 
to the entry of a Decision and Judgment. All were compiled 
from data in evidence through Stipulations.
May 9,1972 Respectfully submitted,

/ s /  F red L. B anks, J r .
Melvyn R. L eventhal 

538% North Farish Street 
Jackson, Mississippi 39202

J ack Greenberg 
Suit 2030
10 Columbus Circle 
New York, New York 10019

I k  T he U n it e d  S t a t e s  D is t b ic t  C o u r t

f o r  t h e  N o r t h e r n  D is t r ic t  o f  M is s is s ip p i

W e s t e r n  D iv is io n

39



D elores Norwood, et al.,
PLAINTIFFS,

V.

D. L. H arrison, S r ., et al.,
DEFENDANTS.

Oral A rgument— E xhibit One

Statewide
Private Non-Catholic Schools 

1963-64

I n  T h e  U n it e d  S t a t e s  D is t r ic t  C o u r t

f o r  t h e  N o r t h e r n  D is t r ic t  o f  M is s is s ip p i

W e s t e r n  D iv is io n

Civil Action 
' No. WC70-53-K

I. Black Schools
1. Central Miss. College 

(B aptist; closed at 
end o f 1965-66 school
year) ........................................................................................K-12 122

2. CMI College High
(Church of Christ) ..............................................................K-12 178

3. St. Marks School o f 
Jackson, Miss.
(E piscopal; closed 
at end o f 1965-66
school year) .................................

4. Saints Academy
97

(Church of Christ;
Est. 1954) ........................ ............. ....................................... K-12 305

5. Piney Woods
(Est. Ca. 1910) ........................... ................................. K-12 214

T otal B lack 916

II . White Schools
6. French Camp Academy 

(Presbyterian; for 
children from  broken 
or disrupted homes)
(Est. Ca. 1860) ..................................................................... 9-12 134

7. Chamberlain Hunt Academy
(Presbyterian) ......................................................................  8-12 202

8. St. George Day School
(Episcopal) (Est. 1959) ....................................................K-3 72

40



41

9. Gulf Coast Military Academy 
(Serving primarily students 
residing outside o f state)
(Est. 1912) .............................................................................2-8

10. Jackson Academy
(Est. 1959) .............................................................................K-7

11. St. Andrew ’ s Episcopal 
Day School (Presently
integrated) .............................................................................H-6

12. Little Bed School House 
o f Jackson, Miss.
( fo r  mentally retarded) .......................................................(ungraded)

13. YM CA— Part Time 
(Closed at end of
1965-66 school year) ...........................................................8-12

14. Jackson Christian 
(Closed at end of
1964-65 school year) ........................................................... K-6

15. St. John ’s Day School .......................................................1-6
16. Bass Memorial ......................................................................9-12
17. A ll Saints Episcopal

(N ow integrated) ................................................................9-12
T otal W h it e : 

Grand Total (white & b la ck ):

235

151

58

32

25
89

146

146
1^446

2,362

156



I n T h e  U n it e d  S t a t e s  D is t r ic t  C o u r t

f o r  t h e  N o r t h e r n  D is t r ic t  o f  M is s is s ip p i

W e s t e r n  D iv is io n

D elores Norwood, et al.,
PLAINTIFFS,

V .

D. L. H arrison, S r ., et al.,
DEFENDANTS.

Civil Action 
No. WC70-53-K

Oral A rgument— E xhibit T wo

Statewide Enrollments
Private Non-Catholic Public

# of

1963-64 2,362
Change Schools

17 570,000
Change

1964-65 2,408 +  46 21 576,000 +  6,000
1965-66 3,841 +  1,433 41 583,000 +  7,000
1966-67 5,452 +  1,611 49 582,500 — 500
1967-68 6,546 +  1,094 58 582,500 —
1968-69 9,064 +  2,518 69 581,500 — 1,000
Sept. 1969 — __X 575,500 —  6,000
Feb. 1970 30,939 +21,875 124 550,500 — 25,000
Sept. 1970 42,000 1 2 +11,061 155 534,500 — 16,000

1 Statewide statistics not available; stipulations show only that by the end of 
the 1969-70 school year there were 30,939 students in 124 private academies.

2 Estimate based on stipulations; the exact figure lies somewhere between 
41,000 and 43,000.

4 2



D e l o r e s  N o r w o o d , e t  a l .,
PLAINTIFFS,

Civil Action
v- f No. WC70-53-K

D . L .  H a r r i s o n , S r ., e t  a l .,
DEFENDANTS.

I n  T h e  U n it e d  S t a t e s  D is t r ic t  C o u r t

f o r  t h e  N o r t h e r n  D is t r ic t  oe  M is s is s ip p i

W e s t e r n  D iv is io n

O r a l  A r g u m e n t - - E x h i b i t  T h r e e

Schools Receiving Textbooks
And Under Challenge In This Lawsuit

Number of Schools Average Number
Opening for Total Enrollment o f Students
First Time Upon Opening Upon Opening

Prior to 1963-64 3a — —
1963-64 lb 89 89
1964-65 2 e 44 22
1965-66 16 1,308 82
1966-67 11 957 87
1967-68 4 212 53
1968-69 8 722 90
Sept. 1969 19 2,872 151
Feb. 1970 16 a 4,444 277
Sept. 1970 28 5,816 207

T otal: 108

a Chamberlain Hunt, St. George’s, Jackson Academy. 
b St. John ’s Day Sehool.
c Clarksdale Baptist Church and Gospel Lighthouse Christian. 
a Includes Tunica Church School now defunct.

4 3



Delores Norwood, et. al. v s . D. L. H arrison

Civil Action No. WC 70-53 K Oral A rgument— E xhibit F our

K E Y  TO C H A R T
1— —Academy began in or used at some time abandoned or form er public school building.
2—  School began in or used at some time church facilities not originally designed for  full-time school.
3— —Academy began in or used at some time private residence or other formerly non-school facility.
4—  Academy began in new facilities constructed and designed for  full-time school.
5—  Academy opened for  first time, added grades and /or had a significant increase in enrollment on date corresponding to a key 

public school integration date.
6—  Academ y’ s beginning grades and/or grades added correspond in whole or part to grades being desegregated in the public schools 

at the same time.
7—  Academy is in county which had two or more academies begin at same time.
8—  Academy began September, 1969 in public school district with 1969-70 final integration plan.
9—  Academy began January or February, 1970 in public school district with 1969-70 final integration plan.

10—  Academy began September, 1970 in public school district with 1970-71 final integration plan.
11—  Academy was not accredited by State when it received textbooks.
12—  Students brought some or all books with them when transferring from public school.
13—  Academy covered by C offey  Appendix A  or Appendix B or by both Appendix A  and Appendix B.
14—  Academy refused to give IRS assurance o f  its adoption o f  a racially non-diseriminatory admissions policy and as a result had its 

tax exempt status revoked or its application for  such status denied.
15—  Academy in public school district o f A lexa nd er v. H olm es.

N a m e  o p  A c a d e m y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

1. Adams County Christian 7 ? ? ? X X* X ? ? X
2. Adams County Private ? f ? ? X X 7 f X X X
3. Amite School Corporation X X X * X X



4. Bearss Academy ? ? f t
5. Benton Academy X
6. Bentonia Academy X
7. Brandon Academy X
8. Brookhaven Academy ? I ? f
9. Calhoun Academy X

10. Canton Academy X
11. Carroll Academy X
12. Central Academy ? ? f ?
13. Central Delta Academy ! ? ? f
14. Central Holmes X
15. Centreville Academy % ! ? f
16. Chamberlain-Hunt ? * % f
17. Chickasaw Academy X
18. Children Academy (The) ? % % f
19. Christ Episcopal Day School I ? f ?
20. Citizen’s School X
21. Claiborne Educational

Foundation ? * f ?
22. Clarke Academy f f ? ?
23. Clarksdale Baptist X
24. College Hill Academy X
25. Columbia Academy X X
26. Copiah Academy f ? f ?
27. Covington School

Foundation, Inc. f ? f ?
28. Cruger-Tehula Academy ? ?
29. Deer Creek Academy X

X ? ? X X
X* X X X
X * X X X
X* X X
X* ? (X )  ? ! ?
X X X

X* X X X
X X
X ? ? X

X* X X ? ?
X* X X X
X* X X X X

% f
X «
X* X X ? f
X ? ?
X X X X

X ? ? X X
X X ? f X
X X
X X

X* X X X
X X I ? X

X ? f X X X
X X t X X X

X* X 1 X



N ame op A cademy 1 2 3 4

30. Bast Holmes Academy X
31. Bast Lowndes Academy ? ? f ?
32. East Eankin Academy ? % ? I
33. Enid Academy ? % f ?
34. First Baptist Parochial X
35. First United Methodist X

36. Flowood Academy ? ? ? ?
37. Four County Academy ? ? ? ?
38. Gospel Lighthouse

Christian School ? ? f ?
39. Gray Academy 1 ! ? ?
40. Greenwood Private School X
41. Grenada Lake Academy X
42. Happy Day School X
43. Heidelberg Baptist f f ? f
44. Heritage Academy ? ? f %

45. Highway Baptist X
46. Hillerest Academy X
47. Humphreys Academy f ? f ?
48. Indianola Academy X
49. J. A. Beeson Academy X
50. Jackson Academy ? ? ? ?
51. Jefferson Davis Academy X
52. Jesus Name Faith ? ? ? «
53. Kemper Academy f ? ? f
54. K irk Academy X
55. Lawrence County Academy ? ? ?

6 7 8 9 10 11 12 13 14

X* X X X
X * X ? ?
X f (X )  ? ? ?
X* X X ? ?
X* X X X X

? X
X ? (X )  ? f ?

? X !  (X )  ? 7 ?

X ? ?
X* ? ? X X
X* X »
X * X X X
X* X
X* X ? f
X* ? I X X
X* X X
X * X X

? ? f X
X* X X X X
X X X

X * ? ? ? X X
X ? X X
? I (X )  ? ? ?

X* X ? ?
X X 2 X

X ? (X )  f ? ?

OJ

X



56. Leake Academy X
57. Live Oak Academy X
58. M & L  Academy X
59. Madison-Ridgeland Academy ? i ? ?
60. Magnolia Heights X
61. Manchester Academy ? ? ? ?
62. Marshall Academy X
63. Montgomery-Carroll

Academy X
64. Mt. Pleasant Christian

Academy X X
65. Newton County Academy f ? ? ?
66. North Delta Schools, Inc. X
67. North Mississippi Academy X X
68. North Sunflower Academy ? ? f 7
69. Northwest Academy X
70. Oak Hill Academy ? ! f f
71. Parklane Academy ? » ? ?
72. Paynes Academy X
73. Pearl River Academy ? f ? ?
74. Pheba Academy ? 7 f ?
75. Pillow Academy X
76. Pine Hills Academy X
77. Pines Academy ? 7 ? ?
78. Pioneer Academy ? 1 ? ?
79. Prentiss Christian School 1 ? ? ?
80. Presbyterian Day School

(Bolivar County) X X

XX* X
X X X
X * X
X * X ? ?
X * X X X
X * X ? ?
X * X X

X* X X

X * ' X X
X * X ? ?
X* X X
X * X X
X* X X X ? X
X* X X X
X* ? ? X
X* X 1 ?
X* X X
X* X ? ?
X* ? (X )  ? ? 7
X* 1 X
X* X X

? ? X
? 1

X X ? ?

X X



N ame of A cademy 1 2 3 4 5 6 7 8 9 10 11 12 13 14

81. Presbyterian Day School 
(Coahoma County) X X X* X f

82. Quitman County 
Educational Foundation X X X X * f

83. Bankin Academy ? ? ? ? X X f ( X )  ? ? f
84. St. George’s Episcopal X X ?
85. St. John ’s Day School ? ? ? ? 1 ?
86. Sanford Academy f ? ? I ? X X
87. Scott County Christian 

Academy ? ? ? ? X X* X ? ?
88. Sharkey-Issaquena Academy X X X X X
89. Shaw Educational Foun­

dation (Bayou Academy; 
Duncan Academy) X X X ? ? X

90. Simpson Academy ? ? ? ? X X * X
91. Southwest Academy ? ? ? ? X X ? ? ? X X
92. Southwest Christian X

Academy X X X X X X
93. Starkville Academy X X X* X X
94. Sylvarena Baptist Academy ? ? « f X X* X ? 1
95. Terry Academy ! ? f ? X X ? ? f
96. Tri-County Academy I ? ? ? ? ? X ? ?
97. Tunica Institute o f Learning X X X X X
98. Union Private School i ? ? ? X X* X X ? ?
99. Walnut Hills School f » ? I X I ? X

100. Wayne County 
Educational Foundation <? ? I ? X X * X f ?

15

X

X

X

X

X 
M



101. W est Marion Academy
102. Westminister Academy
103. West Panola School, Inc.
104. West Tallahatchie Academy
105. Wilkinson County 

Christian Academy
106. Winston Academy
107. Woodland Hills Baptist 

Academy
Unnamed Tunica Church
Schools
TO T A LS:

? ? ? ? X
? ? 1 7 X

X X
X X

? ? f ? X
X X

? ? ? ? X

X X
19 26 7 4 102

X * ? ( X )  ?

X * X X
X* X X

X X X
X X

X * ?
X * ?

X * X
97X 33 13 17 28
(62X* )

f 1 X
? 1

X
X

X

? 1 X

X
18

X
5 29 28 32

1 Whenever a question mark appears on this chart it  indicates that information was unavailable usually because no deposition was
taken o f  the school involved.

1 X *  indicates that the school opened at a time when all o f  its grades, upon opening, were being desegregated in the public schools. 
3 X 1 indicates that the school offers grades 1-12 but is only accredited fo r  grades 1-8.

ZQ



Isr T he U nited States D istrict Court 
for the Northern D istrict of Mississippi 

W estern D ivision

Delores Norwood, et al.,
PLAINTIFFS,

V.
D. L. Harrison, S r ., et al.,

DEFENDANTS.

No. WC70-53-K

Order

Plaintiffs having moved for leave to supplement the 
record by the incorporation of four exhibits used in oral 
agrument, and it appearing that such exhibits were compiled 
on the basis of data already in evidence through stipulation 
of counsel and that the exhibits would expedite the con­
sideration of the entire record; it is

Ordered

That leave is hereby granted to plaintiffs to supplement 
and include in the record of this cause the four exhibits to 
which reference is made in their motion, and the Clerk of 
this court is hereby directed to make such inclusion.

This, 15th day of May, 1972.
W illiam C. R eady

United States District Judge 
For the Court



N o t a t io n  b e  O p i n i o n  a n d  J u d g m e n t  o p  t h e  D is t r ic t  C o u r t

The District Court opinion and judgment, entered April 
18, 1972, are printed in the Jurisdictional Statement, and 
may be found therein at pages la-23a. They are therefore 
not printed in this Appendix.

it  U.S. Government Printing Office: 1973—492—990/457





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