Ingram Equipment Company, Inc. McGinnis Brief Amici Curiae in Support of Plaintiff-Appellee

    IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

  mn ea 

(Docketed in the United States Court of Appeals 
for the Fifth Circuit as Nos. 28030 & 28042) 

  

  

  

  

  

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv, {Civil Action No, 4075(T7)) 

HINDS COUNTY SCHOOL BOARD, et al. Defendants~Appellees 

BUFORD A. LEE, et al. Plaintiffs-Appellees 

Vv. {Civil Action No. 2034{H)) 

UNITED STATES OF AMERICA Defendant—~Appellant 

v, 

MILTON EVANS, Third Party Defendant-Appellee 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv. {Civil Action No. 1373(F)) 

KEMPER COUNTY SCHOOL BOARD, et al. Defendants-Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

v. : (Civil Action No. 3807 (J)) 

NORTH PIKE COUNTY CONSOLIDATED 

SCHOOL DISTRICT, et al. Defendants~Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv. (Civil Action No. 1120(W)) 

NATCHEZ SPECIAL MUNICIPAL SEPARATE 

SCHOOL DISTRICT, et al. Defendants-Appellees 

  

 



UNITED STATES OF AMERICA 

Ve. 

MARION COUNTY SCHOOL, DISTRICT, et al. 

  

JOAN ANDERSON, et al. 

UNITED STATES OF AMERICA 

Ve. 

THE CANTON MUNICIPAL SCHOOL DISTRICT, 
and THE MADISON COUNTY SCHOOL DISTRICT, 

ET AL. 

  

UNITED STATES OF AMERICA 

Ve 

SOUTH PIKE COUNTY CONSOLIDATED 

SCHOOL DISTRICT, et al 

  

BEATRICE ALEXANDER, et al 

Ve. 

HOLMES COUNTY BOARD OF EDUCATION, 

et al. 

  

ROY LEE HARRIS, et al. 

Ye. 

THE YAZOO COUNTY BOARD OF EDUCATION, 

et al. 

  

‘JOHN BARNHARDT, et al. 

Ve. 

MERIDIAN SEPARATE SCHOOL DISTRICT, et 

  

Plaintiff-Appellant 

(Civil Action No. 2178(H)) 

Defendants-Appellees 

Plaintiffs-Appellants 

Plaintiff-Intexrvenor- 

Appellant 

Action No. 3700{(J)) 

Defendants-Appellees 

Plaintiff-Appellant 

Action No. 3984(J)) 

Defendants-Appellees 

Plaintiffs-Appellants 

Action No. 3772(J)) 

Defendants~Appellees 

Plaintiffs-Appellants 

Action No. 1209 (W)) 

Defendants-Appellees 

Plaintiffs-Appellants 

Action No. 1300(E)) 

Defendants-Appellees  



  

  

  

  

  

  

  

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv, {Civil Action No, 1396(F)) 

NESHOBA COUNTY SCHOOL DISTRICT, et al. Defendants-Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv. {Civil Action No. 1372(F)) 

NOXUBEE COUNTY SCHOOL DISTRICT, et al. Defendants-Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv, {Civil Action No. 1367(R)) 

LAUDERDALE COUNTY SCHOOL DISTRICT, et al. Defendants-Appellees 

DIAN HUDSON, et al. Plaintiffs-Appellants 

UNITED STATES OF AMERICA : Plaintiff-Intervenor- 
Appellant 

Vv. (Civil Action No. 3382(J)) 

LEAKE COUNTY SCHOOL BOARD, et al. Defendants-Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv. (Civil Action No. 2199(H)) 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, 

et al. Plaintiff-Appellant 

UNITED STATES OF AMERICA J Plaintiff-Appellant 

Vv. (Civil Action No. 3983(J)) 

AMITE COUNTY SCHOOL DISTRICT, et al. Defendants-Appellees 

UNITED STATES OF AMERICA Plaintiff-Appellant 

Vv. : (Civil Action No. 2148(H)) 

COVINGTON COUNTY SCHOOL DISTRICT, et al. Defendants-Appellees 

  

 



UNITED STATES OF AMERICA 

v. (Civil 

LAWRENCE COUNTY SCHOOL DISTRICT, et al. 

  

JEREMIAH BLACKWELL, JR., et al. 

Vv. 

ISSAQUENA COUNTY BOARD OF EDUCATION, 

et al. 

  

UNITED STATES OF AMERICA 

Ve. 

WILKINSON COUNTY SCHOOL DISTRICT, et 

  

CHARLES KILLINGSWORTH, et al. 

V. 

THE ENTERPRISE CONSOLIDATED SCHOOL 
DISTRICT and QUITMAN CONSOLIDATED 

"SCHOOL DISTRICT 

  

UNITED STATES OF AMERICA 

Vv. 

LINCOLN COUNTY SCHOOL DISTRICT, et al. 

  

UNITED STATES OF AMERICA 

Ve. 

PHILADELPHIA MUNICIPAL SEPARATE 

"SCHOOL DISTRICT, et al. 

  

UNITED STATES OF AMERICA 

Ye. 

FRANKLIN COUNTY SCHOOL DISTRICT, et 

  

Plaintiff-Appellant 

Action No. 2216(H)) 

Defendants-~-Appellees 

Plaintiffs-Appellants 

Action No. 1096 (W)) 

Defendants-Appe 

Plaintiff-Appellant 

Action No. 1160 (W)) 

Defendants~Appellees 

Plaintiff-Appellants 

Action No. 1302(E)) 

Defendants-Appellees 

Plaintiff-Appellant 

Action No. 4294 (J)) 

Defendants-Appellees 

Plaintiff-Appellant 

Action No. 1368(EF)) 

Defendants-Appellees 

Plaintiff-Appellant 

Action No. 4256(J)) 

Defendants-Appellees  



  

MOTION FOR TRANSMISSION OF RECORD TO THE 

SUPREME COURT OF THE UNITED STATES UPON 

PETITION FOR WRIT OF CERTIORARI 

Now come all of the defendants-—-appellees (other than the 

United States of America) in the above styled causes and show unto 

the Court that all of the above causes have been consolidated in the 

United States Court of Appeals for the Fifth Circuit for the purposes 

of appeal under Docket Numbers 28030 and 28042 and that the under-— 

signed parties are preparing and will file with the Supreme Court of 

the United States a petition for writ of certiorari. That on Octo- 

ber 9, 1969, the Court of Appeals of the Fifth Circuit overruled 

the petition for rehearing in banc of the original judgment entered 

on July 3, 1969, as amended. That the petition for writ of certio- 

rari will be filed with the Supreme Court of the United States on or 

before January 7, 1970. Rule 23(5) of the Rules of the Supreme 

Court of the United States is as follows: 

5. Where several cases are sought to be reviewed on 

certiorari to the same court that involve identical 

or closely related questions, it shall suffice to 

file a single petition for writ of certiorari cover- 

ing all.the cases. 

Under the Rules of the Supreme Court, including Rule 21, and 

Rule 24 (4) thereof, the petitioners are required to file a trans- 

cript of the record in the case or cases sought to be reviewed upon 

certiorari, which would, in these cases, include the entire appellate 

record of pleadings, proceedings, judgments, orders, etc. and the 

record in the United States District Court for the Southern District 

of Mississippi, .which became a part of the record of the Court of 

Appeals for the Fifth Circuit upon appeal thereto by the appellants. 

 



That notice has been given to the said Clerk for the trans- 

Wa. 

mission of the record and its certification as required by Rule 12 

of the Rules of the Supreme Court of the United States and other 

applicable rules of sald Court. That in order for justice to be 

done, it is necessary for the original papers in these causes to 

be transmitted for inspection by the Supreme Court of the United 

States in lieu of a transcript thereof and that the Clerk of this 

Court take reasonable measures for the safekeeping, transporting 

and return of the original papers therein as may seem to such clerk 

to be proper. 

Hence, the movants pray that this Court enter an order for 

such transmission of the record in the above styled cases to the 

Clerk of the Supreme Court of the United States and that such order 

provide for the safekeeping, transportation and return of such 

record as provided by the Rules of the Supreme Court of the United 

States, 

Respectfully submitted, 

  

  

JUDGE A. F. SUMMER JOHN C. SATTERFIELD 

Attorney General of Post Office Box 466 
Mississippi Yazoo City, Mississippi 39194 

New Capitol Building Special Counsel for the 
Jackson, Mississippi 39205 Petitioners, associated with 

other attorneys of record in 
each of the Consolidated Cases. 

IN BEHALF OF ALL ATTORNEYS OF RECORD 

FOR THE DEFENDANTS-APPELLEES EXCEPT 

THE UNITED STATES OF AMERICA IN THE 

ABOVE STYLED CAUSES 

ir  



  

NOTICE TO ALI ATTORNEYS OF RECORD LISTED IN THE CERTIFICATE Or 

SERVICE: 

You are hereby notified that the above motion will be brought 

on for hearing before Honorable William Harold Cox, Chief Judge of 

the United States District Court for the Southern District of 

Mississippi at Jackson, Mississippi, in chambers at the convenience 

of the Court, this the 29th day of December, 1969. 

      

John C. Satterfield 

CERTIFICATE OF SERVICE 
  

I hereby certify that copies of the foregoing motion and 

notice were served on the opposing cotpsel on this 29th day of 

December, 1969, by mailing copies of same, postage prepaid, to 

the last known address as follows: 

Melvyn R. Leventhal Jeris Leonard 

Reuben V. Anderson 

Fred 1L.. Banks, Jr. 
John A. Nichols 

538% North Farish Street 

Jackson, Mississippi 39202 

Jack Greenberg 
Jonathan Shapiro 
Norman Chachkin 

Suite 2030 
10 Columbus Circle 
New York, New York 

Assistant Attorney General 

Department of Justice 

Washington, D. C. 

Erwin N. Griswold 
Solicitor General 
Department of Justice 
Washington, D. C. 

Robert E. Hauberg 
United States Attorney 
Post Office Building 
Jackson, Mississippi 

  

John C. Satterfield