Order Transferring Lawrence County Case

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  
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UNITED STATES OF AMERICA, 5, 
. . i A & ’ ; Plaintiff-Appellant, i, © 

7 4s <> ~~ 
% 4 0 A 

Ve 4% Fo. 

ek, & 
HINDS COUNTY SCHOOL BOARD, et al, Cn 

Defendants-Appellees. % 
2 

(Civil Action No. 4075 (J)) 

  

BUFORD A. LEE, et al, 
Plaintiffs-Appellees, 

Ve 

UNITED STATES OF AMERICA, 
Defendant-Appellant, 

Ve 

MILTON EVANS, 
Third Party 
Defendant-Appellee. 

(Civil Action No. 2034 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

KFMPFR COUNTY SCHOOL BOARD, et al, 
Defendants-Appellees. 

(Civil Action No. 1373 (F)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve. 

NORTH PIKE COUNTY CONSOLIDATED 
SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

(Civil Action No. 3807 (J)) 

  

UNITED STATES OF AMFRICA, 
Plaintiff-Appellant, 

Ve 

NATCHFZ SPECIAL MUNICIPAL SEPARATE gi Ny avi 
SCHOOL DISTRICT, et al, TARO 

Defendants-Appellees. 

(Civil Action No. 1120 (W)) 

 



UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

  

  

Ve. 

COVINGTON COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 2148 (H)) 

  

UNITFD STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve 

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, 

Ve. 

WILKINSON COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 1160 (W)) 

  

CHARLES KILLINGSWORTH, et al, 
Plaintiffs-Appellants, 

Ve 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 

and QUITMAN CONSOLIDATED SCHOOL DISTRICT, 

Defendants-Appellees. 

(Civil Action No. 1302 (E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

LINCOLN COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

{Civil Action No. 4292 (J)) 

 



  

UNITED STATES OF AMERICA 

  

Ve. 

PHILADELPHIA MUNICIPAL SEPARATE 

SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 1368 (FE) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve 

FRANKLIN COUNTY SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

(Civil Action No. 4256 (J)) 

  

Pursuant to the decision of the Supreme Court in 

Alexander v. Holmes County Board of Education, 1969, 396 
  
  

u.s. 19, 0 s.Ct. 29, 24 L.Ed. 2d 19, this Court has retained 

jurisdiction 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 

Lawrence County School District: 

(1) United States v. Hinds County School Board, 5 Cir., 
    

November 7, 1969, 423 F.2d 1264. 

(2) United States of America v. Lawrence County School 
    

District, 5 Cir., November 1969, No. 216 (H); United States 
    

of America v. Hinds County School District, et al, 5 Cir., 
  
  

August 5, 1970, No. 28030 & 28042. 

Meanwhile the semi-annual status reports required by our 

decision in United States v. Hinds County School Board, 5 Cir., 
    

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

including October 15, 1973, 

 



  

It now appearing that the Lawrence County School 

District school system has been and is being maintained 

as a unitary school system in compliance with the afore- 

said orders, and it further appearing that it would be 

appropriate to transfer jurisdiction of the case to the 

district court under a final order there to be entered as 

follows,it is ORDERED: 

(1) Jurisdiction of No. 2216, United States of 
  

America v. Lawrence County 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 
  

discontinued 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 simult- 

aneously 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 exami- 

nation by counsel for the parties herein or amicus 

 



  

curiae. As an alternative to filing the HEW reports, 

the defendant school districts 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. 
PI Foie ard 

IT IS SO ORDERED this q 7 day of i 

UNITFD STATES CIRCUIT JUDGE 

I 
UNITED STATES CIRCUIT JUDGE 

  

  

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7 ’ / Zz ler am 

UNITED STATES CIRCUIT JUDGE 
  

APPROVED AS TO FORM: 

Fd 
is 

ATTORNEY FOR PLAINTIFF ( 

BY: L i | \ or! 
ATTORNEY FOR AMICUS CURIAE 

ATTORNEY FOR DFEFENDAN' 

  

  

  

LAWRENCE COUNTY SCHOOL DISTRICT