US v. Noxubee County School District Order

Public Court Documents
December 30, 1969

US v. Noxubee County School District Order preview

5 pages

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  • Case Files, Alexander v. Holmes Hardbacks. US v. Noxubee County School District Order, 1969. 3c86eb61-cf67-f011-bec2-6045bdd81421. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a15b3f7e-7073-40ef-8c72-1a106a938b10/us-v-noxubee-county-school-district-order. Accessed October 05, 2025.

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    IN THE UNITED STATES COURT OF APPEALS 

U. S. COURT OF APPEALS 
Pd a] u rea yeas 

FOR THE PIFPH CIRCUIT i i Fa |) i) 

  

NOS. 28030 & 28042 

  

* EDWARD MW. WADSWORTH 

CLERK 

UNITED STATES OF AMERICA, et al, 

‘Appellants 

Ve 

NOXUBEE COUNTY SCHOOL DISTRICT, 

et al, 

Appellees 

  

on Gn Gw— o— 

After due consideration, the motion of appellee, Noxubee 

County School District, to modify the order of this court dated 

November 7, 1969 is granted for the remainder of the 1969-1970 

school term on the following terms and conditions. 

The student assignment plan prepared by the Office of 

Education (HEW) , Appendix 26 to the order of November 7, 1969, 

is amended for the remainder of the 1969-70 school term only, as 

follows: 

(A) B. F. Liddell High School and Noxubee County 

High School shall hereafter constitute one high school consist- 

ing of grades nine through twelve to be known as Noxubee County 

High Schoel. Ninth Grade Mississippi History, Ninth Grade 

 



    

Civics, Physical Science, Secretarial Procedure, Vocational 

Agriculture II, and Vocational Agriculture III will only be 

offered at the former B. F. Liddell High School, and all stu- 

dents in the former Noxubee County Bich School plant taking 

the above mentioned subjects shall attend the former B. F. 

Liddell High School for such classes, and all such classes 

shall be fully integrated. velfth Grade Government and 

Vocational Agriculture I will only be offered at the former 

Noxubee County High School, and all students in the former 

B.F. Liddell High School taking the above mentioned sibiacks 

shall attend the former Noxubee County High School for classes 

in the said subjects, all of which ‘classes shall be fully 

integrated. Additiomlly, no less than 200 Negro students 

now in attendance at the sale F. Liddell High School will 

be assigned to the former Noxubee County High School. 

(B) The Brooksville Attendance Center and Wilson 

Attendance Center at Brooksville, Mississippi, shall become 

one attendance center known as Brooksville Attendance Center, 

and shall encompass evades one through eight. History, Geo- 

graphy, and Civics in Grades Six and Seven will only be of- 

fered at the former Brooksville Attendance Center, and all 

students at the former Wilson Attendance Center in Grades Six 

and Seven taking the said subjects shall attend the former 

Brooksville Attendance Center for said classes. Likewise, 

al § Sr 

 



    

English and Spelling in Grades Five and Eight will only be 

offered at the former ileon Attendance Center, and all stu- 

dents at the former Brooksville Attendance Center taking 

English and Spelling in Grades Five and Eight shall attend 

the former Wilson Attendance Center for the said classes. 

All of the above mentioned classes at the former Brooksville 

Attendance Center and at the former Wilson Attendance Center 

shall be fully integrated. AdAttionat ly; no less than 98 

Negro students now in attendance at the former Wilson Attend- 

ance Center shall be assigned to the former Brooksville At- 

tendance Center. 

(C) Macon Elementary Attendance Center and B. FP. 

Liddell Elementary Attendance Center shall become one attend- 

ance center known as Macon Elementary Attendance Center, and 

shall encompass grades one through eight. History, Geography 

and Mississippi History in Grade Five will only be offerew at 

the former Macon Elementary Attendance Center, and all students 

at the former B. F. Liddell Elementary Attendance Center in 

Grade Five taking History, Geography, and Mississippi History 

shall attend £he formor Macon Elementary Attendance Center 

for said classes. Science and Health in Grade Six, and His- 

tory in Grade Seven shall only be offered at the former B. PF. 

Liddell Elementary Attendance Center, and all students at the 

former Macon Elementary Attendance Center taking the said sub- 

jects in Grades Six and Seven shall attend B. F. Liddell 

HER. Se 

 



    

Elementary Attendance Center for the classes in the said 

subjects. All of the above mentioned classes shall be fully 

integrated. Additionally, no less than 180 students now in 

attendance at the former B. F. Liddell Elementary Attendance 

Center shall be assigned to the former Macon Elementary At- 

tendance Center. 

(D) .Shugualak Attendance Center and Reed Attendance 

Center shall become one attendance center under the name of 

Shuqualak Attendance Center. Science and Health in Grades 

Five and Seven will only be offered at the former Shuqualak 

Attendance Center, and all students at the former Reed At- 

tendance Center taking Science and ‘Health in Grades Five and 

Seven shall attend the former Shuqualak Attendance Center 

for classes in the said sulvlecte. "History and Geography in 

Grades Six and Eight will only be offered at the former Reed 

Attendance Center and all students at the former Shuqualak 

Attendance Center taking History and Geography in Grades Six 

and Eight shall attend the former Reed Attendance Center for 

classes in said subjects. All of the above mentioned classes 

shall be fully integrated. Additionally, no less than 80 

Negro students shall be assigned from the former Reed Attend- 

ance Center to the former Shuqualak Attendance Center. 

This amendment to the Office of Education (HEW) 

plan is sought by the school board and has the approval of a 

reli 

 



    

bi-racial committee. Nevertheless, the court is reluctant 

‘to approve the use of the amended plan beyond the present 

school term. This reluctance is based on the absence of 

evidence that the plan is devised and is. to be “promulgated 

for education purposes only as distinguished from racially 

discriminatory purposes. 

The matter of a student assignment plan for the 

1970-71 school term should be presented to Hon. Dan M. Russell, 

Jr. according to the procedure provided for in our order of 

November 7, 1969. The ultimate plan will depend upon the 

findings and recommendations of JudgeRussell and upon the 

final order of this court. 

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 

all other provisions of the "HEW plan as ordered inte effect 

by this court on November 7, 1969, shall remain in full force 

and si:all be complied with as shall all other provisions of 

the order of the court of November 7, 1969. 

ORDERED this, the 30th day of December, 1969. 

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Griffin B. Bell 

United States Circuit Judge 

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Homer Thornberry \ 
United States Circuit Judge 

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Lewis R. Morgan 
    

United States Circuit Judge 

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