Pendleton v. Schlesinger Brief for Appellants

    “ -@ (INA HR 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIPTH CIRCUIT 

NUMBERS 28030 and 28042 

BEATRICE ALEXANDER, ET AL PLAINTIFFS-APPELLANTS 

VS. CIVIL ACTION NO. 3779(J) 

HOLMES COUNTY BOARD OF EDUCATION, ET AL DEFENDANT-APPELLEES 

ROY LEE HARRIS, ET AL PLAINTIFFS-APPELLANTS 

VS. CIVIL ACTION NO. 1209 (W) 

YAZOO COUNTY BOARD OF EDUCATION, 

YAZO00 CITY MUNICIPAL SEPARATE SCHOOL DISTRICT 

HOLLY BLUFF LINE CONSOLIDATED SCHOOL DISTRICT DEFENDANT-APPELLEES 

DIAN HUDSON, ET AL : PLAINTIFFS-APPELLANTS 

U.S.A. PLAINTIFF~INTERVENOR- 

APPELLANTS 

VS. CIVIL ACTION NO. 3382(J) 

LEAKE COUNTY SCHCOL BOARD, ET AL DEFENDANT-APPELLEES 

JEREMIAH BLACKWELL, JR., ET AL PLAINTIFFS-APPELLANTS 

VS. CIVIL ACTION NO. 1096 (Ww) 

ISSAQUENA COUNTY BOARD OF EDUCATION, ET AL DEFENDANT S-APPELLEES 

CHARLES KILLINGSWORTH, ET AL PLAINTIFF-APPELLANTS 

VS. CIVIL ACTION NO. 1302(E) 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 

AND QUITMAN COLSOLIDATED SCHOOL DISTRICT DEFENDANTS-APPELLEES 

 



  

MOTION BY THE DEFENDANTS IN THE ABOVE STYLED CONSOLIDATED 

CASES JOINING IN THE MOTION THEREIN FILED BY THE ATTORNEY 

GENERAL OF THE UNITED STATES IN BEHALF OF SECRETARY 

ROBERT H. FINCH OF THE DEPARTMENT OF HEALTH, EDUCATION 

AND WELFARE AND THE UNITED STATES OF AMERICA 
  

Now come all of the defendants in the above styled consolidated 

cases and join in the motion filed therein by the Attorney General of 

the United States entitled "UNITED STATES OF AMERICA, PLAINTIFF- 

APPELLANT HINDS COUNTY SCHOOL BOARD, ET AL, DEFENDANTS-APPELLEES (AND 

CONSOLIDATED CASES) -- MOTION IN THE COURT OF APPEALS" filed in this 

Court on or about August 21, 1969, and show to the court the following: 

l. This motion is filed in the United States Court of Appeals 

for the Fifth Circuit by permission of the United States District Court 

for the Southern District of Mississippi granted in open court and made 

of record therein. 

2. That the said motion thus filed in this Court on or about 

August 21, 1969, was filed in the consolidated proceedings numbered 

upon the docket of this Court as "Nos. 28030 and 28042", particularly 

referring to the first listed case of the UNITED STATES OF AMERICA VS. 

HINDS COUNTY SCHOOL BOARD, ET AL and particularly being filed not only 

applicable to said case but applicable to it "AND CONSOLIDATED CASES". 

3. That there were appealed to this Court and assigned the 

above docket numbers twenty-five school desegregation cases involving 

a total of thirty-three sclidol districts. That the said twenty-five 

consolidated cases included those listed above in which this Motion of 

Joinder is filed. 

4. That in the opinion and mandate of the Court of Appeals 

dated July 3, 1969, the following findings were made: 

These are twenty-five school desegregation cases 

in a consolidated appeal from an en banc decision 
  

of the I, 8. District Court for the Southern 

District of Mississippi . . . 

 



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The order of the District Court in each case is 
reversed and the cases are remanded to the 

District Court with the following direction: 

  

1. These cases shall receive the highest priority. 

2. The District Court shall forthwith request that 

educators from the Office of Education of the 

United States Department of Health, Education 

and Welfare collaborate with the defendant school 

boards in the preparation of plans to disestablish 

the dual school systems in question . . . (Emphasis 

ours.) 

  

  

  

4. That the United States District Court for the Southern 

District of Mississippi requested the United States Department of 

Health, Education and Welfare to collaborate with the defendant school 

boards "in each of these cases" and to file plans of desegregation for   

all of the defendant school districts, including the defendants making 

this Motion. That on or about August 31, 1969, proposed plans of 

desegregation were filed by the United States Department of Health, ¢ 

Education and Welfare in each of the above cases. 

5. That in accordance with the mandate of this Court and the 

direction of the said District Court each of the above defendant school 

districts filed proposed plans of desegregation on or about August 11, 

1969, reserving, however, all of their rights existing under the order 

of the District Court dated May 16, 1969, the appeal therefrom to the 

United States Court of Appeals for the Fifth Circuit, the Petition for 

Rehearing en banc now pending before this Court, the right to file 2 

petition for Writ of Certiorari with the Supreme Court of the United 

States and all other rights existing in them. Such plans were filed 

subject to such reservation. 

6. On or about August 21, 1969, these defendants filed 

additional motions for supplemental relief, including prayer that the 

Court grant additional time for further collaboration between the 

Department of Health, Education and Welfare and the defendants with 

 



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plans to be submitted not later than December 1, 1969. The motions 

filed by the three school districts above named in Civil Action No. 

1209(W) in the District Court, The Yazoo County Board of Education, 

The Yazoo City Municipal Separate School District and The Holly 

Bluff Line Consolidated School District alleged that within the time 

allowed it was "impossible to work out a plan satisfactory to either 

the Court, the defendants or the plaintiff". Similar allegations 

were made by the other defendant school districts. . 

7. These movants join in the motion to amend the mandate of 

this Court filed in behalf of the Secretary of Health, Education and 

Welfare and by the United States of America as the same was filed on 

or about August 21, 1969, joining in the allegations and prayer 

thereof as it was filed and joining in the motion for the amendment 

of the mandate as therein stated. ‘ 

8. These defendants by this motion adopt any proof which may 

be introduced in the said District Court in support of the said Motion 

as it was filed on or about August 21, 1969, but do not adopt any 

amendment, should an amendment be requested. These defendants adopt 

the proof which may be presented in behalf of the Secretary of Health, 

Education and Welfare and the United States of America solely to the 

extent that such proof supports the said Motion as it was filed. 

o. That said motion is proper and sufficient, but these 

defendants join therein because of the "OPPOSITION TO MOTION FOR 

PERMISSION TO WITHDRAW PLANS FILED BY THE DEPARTMENT OF HEALTH, EDUCA- 

TION AND WELFARE" which has been filed by attorneys for certain 

individual plaintiffs in this consolidated appeal. These defendants 

deny all of the allegations and conclusions set forth in such "OPPOSITION 

TO MOTION" to the extent that such allegations are inconsistent with 

this Motion and the Motion filed herein in behalf of the Secretary of 

Health, Education and Welfare and by the United States of America. 

 



  

WHEREFORE, these defendants join in the said Motion as filed 

herein on or about August 21, 1969, including the prayer for relief 

therein contained. 

Executed under authority granted in open Court and respectfully 

submitted this 2737 day of August, 1969. 

CALVIN R. KING, Attorney for 

Holmes County Board of Education, et als, 

Civil Action No. 2779(J) in the District Court 

BRIDGFORTH & LOVE; CAMPBELL & CAMPBELL; SATTERFIELD, 

SHELL, WILLIAMS & BUFORD, Attorneys for 

The Yazoo City Municipal Separate School District, The Yazoo County 

Board of Education and The Holly Bluff Line Consolidated School District, 

Civil Action No. 1209(W) in the District Court 

HAROLD M. DAVIDSON, Attorney for 

Leake County School Board, et al 

Civil Action No. 3382(J) in the District Court 

HERMAN GLAZIER, Attorney for 

The Issaquena County Board of Education, et al, 

The Sharkey County Board of Education, et al, 

The Anguilla Line Consolidated School District, et al and 

The Sharkey-Issaquena Line Consolidated School District, et al 

Civil Action No. 1096(W) in the District Court 

TALLY D. RIDDELL and ROBERT H. COVINGTON, Attorneys for 

The Enterprise Consolidated School District, et al, 

The Quitman Consolidated School District, et al, and 

The Clarke County Board of Education, et al 

Civil Action No. 1302(F) in the District Court 

By: 

lpn t (SC 7, / ZA i \ 

John C. satterfield, PRN 
  

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CERTIFICATE OF SERVICE 
  

I hereby certify that copies of the foregoing Motion by the 

Defendants in the above Stuled Consolidated Cases Joining in the Motion 

Therein Filed by the Attorney General of the United States in Behalf of 

Secretary Robert H. Finch of the Department of Health, Education and 

Welfare and the United States of America were served on the plaintiffs 

on this _4%° day of August, 1969, by mailing copies of same, postage 

prepaid, to their counsel of record at the last known address as follows: 

Melvyn R. Leventhal 

Reuben V. Anderson 

Fred L. Banks, Jr. 

John A. Nichols 

538-1/2 North Farish Street 

Jackson, Mississippi 39202 

Jack Greenberg 

Jonathan Shapiro p 

Norman Chachkin 

Suite 2030 

10 Columbus Circle 

New York, New York 

I further certify that I have also mailed a copy of said Motion 

to the Department of Health, Education and Welfare of the United States 

addressed as follows: 

Mr. J. J. Jordan, Regional Director 

United States Office of Education 

Room 404 

50 Seventh Street, N. E. 

Atlanta, Georgia 30323 

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Of Counsel /