Order and Recommendation for Forrest County School District

    United States Court of Appeals {EH ADDRESS 

FIFTH CIRCUIT 600 CAMP STREET 

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

February 13, 1973 

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 Forrest County school case, 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

By id xs 7 J. neha’ 

/cis Deputy Clerk 
enclosure 

  

cc and enclosure to: y 
Hon, Dan M. Russell / 
Mr 6 Jack Greenberg 
Mr. David L. Norman 
Mr, Melvyn Leventhal 
Mr, M, M. Roberts 

 



  

v.5. COURT CF APPEALS 

FILED 

fs 13°73 

IN THE UNITED STATES COURT OF APPEALS RD Henan 
1] 

FOR THE FIFTH CIRCUIT 

  

NOS. 28030 & 28042 
  

UNITED STATES OF AMERICA, 

Plaintiff 

Ve 

HINDS COUNTY SCHOOL BOARD, ET AL., 

Defendants 

BUFORD A, LEE, ET AL., 

Plaintiff 

Ve. 

UNITED STATES OF AMERICA, 

Defendant 

MILTON EVANS, 

Third-Party 
Defendant 

  

Appeal from the United States District Court 
Southern District of Mississippi 

  

(February , 1973) 

Before BELL, THORNBERRY, and MORGAN, Circuit Judges. 

BY THE COURT: - 

 



  

The recommendation of Honorable Dan M. Russell, 

Jr., United States District Judge for the Southern District 

of Mississippi, dated November 14, 1972 and appended hereto, 

with respect to building construction at the North Forrest 

Attendance Center, consented to by the United States and 

the NAACP Legal Defense and Educational Fund, Inc., Amicus 

Curiae, is adopted and made the order of this court. 

IT IS SO ORDERED this 8th day of February, 1973. 

/s/ GRIFFIN B. BELL 
United States Circuit Judge 
  

/s/ HOMER THORNBERRY 
United States Circuit Judge 
  

lee 7 TIWTO TD AEAATIA ART 
/S/ aiwis nn, HNURUGAN 
  

United States Circuit Judge 

 



  

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 

) 
BUFORD A, LEE et al Plaintiff ) 

) 
VERSUS ) NO, 28030 and 

| ) 28042 
UNITED STATES OF AMERICA Defendant ) 

) 
VERSUS ) 

) 
MILTON EVANS Third-Party ) 

Defendant ) 

( IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF 
MISSISSIPPI CIVIL ACTION NO. 2034 (h) ) 

RECOMMENDATION 
  

Plaintiff and Third-Party Defendant has filed a Motion for Approval by the 

Court of the construction of four permanent classrooms and two additional rest- 

rooms and sewage treatment facilities at North Forrest Attendance Center, 

Forrest County, Mississippi, School District, which Distrid is represented by the 

Plaintiff and Third-Party Defendant in this Css, Filed with the Motion is a 

Memorandum Brizf in support of the Motion which shows that the North Forrest 

Attendance Center is operating under the plan of desegregation implemented by the 

Court on August 5, 1970, and is comprised of grades 1 through 12 with a total 

enrollment of 655 students, encompassing 584 white students and 78 black students. 

The building has been constructed in four different phases, in 1920, 1922, 1950 and 

1963, with a current capacity of 510 students and that the additional permanent 

classrooms sought to be approved for construction will help alleviate the over- 

crowded condition at the school. Additionally, officials of the Forrest County 

Health Department, a division of Mississippi State Board of Health, has directed 

that the school district construct additional restroom facilities for students in 

said school as well as additional sewage treatment facilities since the present 

facilities are inadequate for the number of students now attending the school and 

 



  

the additional facilities are necessary for the protection of the health and sanitation 

of the students in attendance. The school district projects an approximate cost of 

$100, 000. 00 for the construction sought to be approved, and proposes to finance 

the classrooms through approximately $45,000, 00 available through the 

Mississippi Education Finance Commission from funds allocated to the school 

district for permanent construction, the remainder of the costs to come from funds 

derived from the recent sale of oil and mineral Wases on sixteenth section land 

in the county. This Court finds that the request for approval of construction of 

four permanent classrooms, two additional restrooms, and sewage treatment 

facilities is necessary and reasonable. Additionally, the Court finds that the re- 

quested construction will not cause the re-occurance of a dual school structure 

since all of the facilities sought to be added will serve all students within the 

geographic zone in which the school is located regardless of race, 

The Motion has been submitted to the United States Justice Department, 

representing Defendant in this Cause, ‘and to Honorable Melvyn R. Leventhal, | 

Counsel for the NAACP Legal Defense and Education Fund, Inc., amicus curiae 

in the Cause, and each has stated their position not to enter an objection to the 

proposed construction at North Forrest Attendance Center, and each has sub- 

scribed to this Recommendation indicating their approval of this Recommendation. 

The Court accordingly recommends that the proposed construction by the 

Forrest County, Mississippi, School District, for the addition of four permanent 

classrooms, two additional restroom facilities and sewage treatment facilities 

at North Forrest Attendance Center be approved. 

Recommended and signed in duplicate, the Clerk of this Court being direct- 

ed to file one signed duplicate in this office and forward the other signed duplicate 

to the Clerk of U. S. Court of Appeals for the Fifth Circuit, with copies to be sent 

to all parties of record. 

  

DATED: 

rt. Lf, 1172 
  

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RECOMMENDED, READ AND APPROVED: 

  

  

N\ 
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NAACP LEGAL DEFENSE AND EDUCATIONAL F 
AMICUS CURIAE 

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UND, INC., 

  OF COUNSEL,