Order Transferring South Pike County Case

    $ 
United States Court of Appeals 

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK v- 600 CAMP STREET 
CLERK NEW ORLEANS, LA. 70130 

January 10, 1974 

Mr, Robert C. Thomas, Clerk 

U. 8, District Court 
P.O, Box 769 
Jackson, Mississippi 39205 

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

Dear Mr. Thomas: 

Enclosed are certified copies of an order transferring 
jurisdiction to the District Court of U.S.A. vs. South 

Pike County Consolidated School District, et al. and 
an order adopting revised zone lines in the South Pike 

County Consolidated School District. 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

2 
By oe WO 

/cfs Deputy Clerk 
enclosures 

  

cc. and enclosures to: 

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

Thomas M, Keeling 

Mr, Melvyn Leventhal 
Mr. Robert S. Reeves  



  

US.COURT JF A 

FILED 

IN THE UNITED STATES COURT OF APPEALS ; ns 
Jin 10) (Y 

PPEALS 

FOR THE FIFTH CIRCUIT 
EDWARD VW. WADSWORTH 

CLERK 
  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

| Plaintiff-Appellant, 

v. 

HINDS COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 4075(J)) 

  

BUFORD A. LEE, et al., 

plaintiffs-Appellees; 

Vv. 

UNITED STATES OF AMERICA, 

Defendant-Appellant. 

v. 

MILTON EVANS, 

Third Party 
Defendant-Appellee. 

(Civil Action No. 2034 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

KEMPER COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 1373(E)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

NORTH PIKE COUNTY CONSOLIDATED 
SCHOOL, DISTRICT, et al., 

Defendants-Appel lees. 

(Civil Action No. 3807(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

NATCHEZ SPECIAL MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1120 (W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Defendants-Appellees. 

(Civil Action No. 1248 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

LAWRENCE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2216 (H)) 

  

 



  

JEREMIAH BLACKWELL, JR., et al., 

Plaintiffs-Appellants, 

Ve 

ISSAQUENA COUNTY BOARD OF EDUCATION, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1096 (W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

WILKINSON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1160 (W)) 

  

CHARLES KILLINGSWORTH, et al., 

Plaintiffs-Appellants, 

v, 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 
and QUITMAN CONSOLIDATED SCHOOL DISTRICT, 

Defendants-Appellees. 

(Civil Action No. 1302(E)) 

  

UNITED STATED OF AMERICA, 

Plaintiff-Appellant, 

Ve. 

LINCOLN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 4292(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve. 

MARION COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2178 (H)) 

  

JOAN ANDERSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor, 

Appellant, 

Vv. 

THE CANTON MUNICIPAL SCHOOL DISTRICT, et al., 

and THE MADISON COUNTY SCHOOL DISTRICT, 

et al., 

Defendants-Appellees. 

(Civil Action No. 3700 (J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

SOUTH PIKE COUNTY CONSOLIDATED SCHOOL 

DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3984 (J)) 

  

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

Vv. 

HOLMES COUNTY BOARD OF EDUCATION, et al., 

Defendants-Appnellees. 

(Civil Action No. 3779 (J)) 

  

 



  

ROY IEE HARRIS, et al., 

Plaintiffs-Appellants, 

Vv. 

THE YAZOO COUNTY BOARD OF EDUCATION, 

et al., 

Defendants—-Appellees. 

(Civil Action No. 1209 (W)) 

  

JOHN BARNHARDT, et al., 

Plaintiffs-Appellants, 

Vv. 

MERIDIAN SEPARATE SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1300 (E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

VY. 

NESHOBA COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1396 (E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

NOXUBEE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1372(E)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

LAUDERDALE COUNTY SCHOOL DISTRICT, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1367(E)) 

  

DIAN HUDSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor- 
Appellant, 

Vv. 

LEAKE COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 3382(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, et al., 

Defendants-2ppellees. 

(Civil Action No. 21992 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

y. 

AMITE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3983(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve. 

PHILADELPHIA MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al,, 

Defendants-Appellees. 

(Civil Action No. 1368(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

FRANKLIN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

{Civil Action No. 4256 (J)) 

  

Appeals from the United States District Court for 
the southern District of Mississippi 

  

ORDER 

Pursuant to the decision of the Supreme Court 

in Alexander v. Holmes County Board of Education, 1969, 
  
  

396 U.S. 19, 90 S.Ct. 29, 24 1. Ed4,2d 18. this Court has 

retained $erisdiction of the within captioned school 

cases pending the desegregation of each system. 

Subsequent to this decision of the Supreme Court, 

the following orders were entered by this Court with 

respect to the South Pike County Consolidated School 

Pistrict: 

 



  

(1) United States v. Hinds County School Board, 

5S Cir., November 7, 1969, 423 F, 24 1264, 

(2) Other orders relating to this particular 

district: 

£. 

The order of this Court dated the 16th 

day of December, 1969. 

The order of this Court dated the 30th 
day of March, 1970, wherein this Court 

granted the motion to intervene as parties 

Plaintiff in the within matter, which 

motion had been filed by Curtis Adams, et al. 

The order of this Court dated the 14th day 
of October, 1970. 

The order of this Court dated the 11th day 

of June, 1973, relative to the motion of 

intervenors amicus curiae to add as parties 

defendant the Superintendent and the mem=- 
bers of the Board of Education of Pike 

County, Harold Young, Sr., C.D, Williams, 
Marvin Blanks, W.A. Foy, Wilburn Fortenberry 

and Paul Guy. 

The consent order of this Court dated the 

2nd day of July, 1973, granting the inter- 
venors motion to add parties defendant, 

and naming Harold Young, Sr., Superintendent 

of Pike County School District, C.D, Williams, 
Marvin Blanks, W.A. Foy, Wilburn Fortenberry, 

and Teddy Thompson, members of the Board of 

Education of Pike County, and their successors 
as parties defendant in this cause and other 

relief. 

The order of this Court dated the 24th day 
of August, 1973. 

Meanwhile, the semi-annual status reports required 

by our decision in United States v. Hinds County Board, 

5 Cir., 1970, 433 F.2d 611, 618-19, have been filed through 

and including October 15, 1973, 

It now appearing that the South Pike County 

Consolidated School District school system has been and 

 



is being maintained as a unitary school system in 

  

compliance with the aforesaid orders, and it further 

appearing that it would be appropriate to transfer juris- 

diction of the case to the district court under a final 

order there to be entered as follows, it is ORDERED: 

(1) Jurisdiction of Civil Action No. 3984(J), 

United States of America v. South Pike County Consolidated 
    

School District, et al, is hereby transferred to the United 
  

States District Court for the Southern District of 

Mississippi; 

(2) Said case may be placed on the inactive docket of 

that Court subject to being reopened for good cause shown on 

the application of any party, or intervenor, or sua sponte; 
  

(3) The aforesaid orders entered by this Court 

shall be considered as the mandate of this Court and are 

to be made the order of the district court; 

(4) The reports required by United States v. Hinds 
  

County School Board, 433 F.2d 618-19, supra, may be dis- 
  

continued in the event copies of the Summary Reports (Forms 

101 and 102) which are filed annually with the Department 

of Health, Education and Welfare, along with a report 

showing faculty and staff assignments as required in the 

Hinds County type of report and faculty and staff hiring 
  

by race if such information is not reflected in the HEW 

Summary Reports, are filed simultaneously with the district 

court and served upon counsel for plaintiffs and amicus 

curiae, and are retained for a period of two years by the 

district court for examination by counsel for the parties 

herein or amicus curiae. As an alternative to filing the 

 



  

HEW reports, the defendant school district may continue 

to file the Hinds County type of report but on an annual 
  

basis not later than November 15 to reflect status as of 

October 15 each year. 

IT IS SO ORDERED this the 10th day of January | 
  

  

1974 
  

  

United States Lircuit Judge 

  

  

United States Circuit Se 

\ / /) 7 1 7 

: / 7 7 ’ Se 7 

Tie YZ//2 (Ce 

United States Circuit Judge 
  

APPROVED AS TO FORM: 

Sik ATA 
Hon. Thomas M/ Keeling, p epartment of Justice 
  

  

“Sy AA 0 
Ne R. Leventhal 

  

oe Si ey os 

 



» » 

  

U.S. COURT OF APPEALS 
FILED 

IN THE UNITED STATES COURT OF APPEALS Jan 10°74 
EDWARD W. ADS FOR THE FIFTH CIRCUIT SY sswoand 

NOS. 28030 & 28042 

UNITED STATES OF AMERICA 

  

PLAINTIFF 

V. 

HINDS COUNTY SCHOOL BOARD, ET AL. 
DEFENDANTS 

UNITED STATES OF AMERICA 
PLAINTIFF 

V. 

SOUTH PIKE COUNTY CONSOLIDATED 

SCHOOL DISTRICT, ET AL 
DEFENDANTS 

  

ORDER 
  

The Court finds that the South Pike County Consolidated School District has 

filed revised zone lines in this cause, and the said revised zone lines are adopted by 

this Court, and made a part of the orders of this Court. 

ORDERED AND ADJUDGED, this the 10thday of January , A, D., 
    

1974 . 

  

  

= Vi 1 /l, 213 7A 
    VL € CIRCUIT JUDGE 7 

APPROVED AS TO FORM; 

Can )/ Gol { ) 
HON. THOMAS KEELING, Depart 
of re 4 

{ Ll 

Rt R. Sr [ 

  

  

  

aya 
  

ON ROBERTS REEVES . Attorney