Motion for Leave to File Motion Seeking Modification of Mandate and Other Exhibits

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IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF MISSISSIPPI 

JACKSON DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

Ve. 

HINDS COUNTY SCHOOL DISTRICT, 

et a2l., and RELATED CASES, 

Defendants. 

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MOTION OF THE UNITED 

MOTION SEENING MODIFI] 
  TN ED STATES FOL LEAVE TQ FILE 

: I ION OF MANDATE 
  

The United States moves this Court for an order 

in the above cases granting leave to file the attached motion 

in the United States Court of Appeals for the Fifth Circuit 

seeking modification of its order of July 3, 1969 as amended, 

to permit an extension of time until December 1, 1969 for 

the development of terminal desegregation plans by the 

respective school boards in collaboration with the 

Department of Health, Education and Welfare. 

This motior is based upon the information 

contained in a letter to this Court from 3ecretary Robert 

H. Finch, of the Department of Health, Education and Welfar 

dated August 19, 1969, a copy of which is attached. 

In view of the fact that the time schedule in these 

cases was originally set by the Court of Appeals in iis 

July 3, 1969 order, it ill be nzcessary to move that Court 

to amend its order in accordance with this motion. 

 



  

In view of the shortness of time we have filed a Motion 

with the Court of Appeals simultaneously with the filing 

of this Motion in this Court. 

Respectfully submitted, 

  

JERRIS LEONARD 

Assistant Attorney General 

Civil Rights Division 

Department of Justice 

 



  

August 19, 1969 

Honorable William Harold Cox 

United States District Judge 

Jackson, Mississippi 39205 

Dear Judge Cox: 

In accordance with an order of the United States Court of Appeals 
for the Fifth Circuit experts from the Office of Education in the 
Department of Health, Education and Welfare have developed and filed 
terminal plans to disestablish the dual school systems in 33 
Mississippi school district cases. 

These terminal plans were developed, reviewed with the school 
districts, and filed with the United States District Court for 
the Southern District of Mississippi on August 11, 1969, as required 
by the Order of the United States Court of Kopenis for the Fifth 
Circuit. These terminal plans were developed under great stress in 
approximately three weeks; they are to be ordered for implementation 
on August 25, 1969, and ordered to be implemented commencing with the 
beginning of the 1969-70 school year. The schools involved are to be 
opened for school during a period which begins two days before 
August 25, 1969, and all are to be cpen for school not later than 
September 3 1969. 

On Thursday of last week, I received the terminal plans as developed 
and filed by the experts from the Office of Education. I have 
personally reviewed each of these plans. This review was conducted 
in my capacity as Secretary of the Department of Health, Education 
and Welfare and as the Cabinet officer of our government charged with 
the ultimate responsibility for the education of the pecple of our 
Nation. 

In this same capacity, and bearing in mind the great trust reposed in 
me, together with the ultimate responsibility for the education of the 
people of our nation, I am gravely concerned that the time allowed for 
the development of these terminal plans has been much too short for the 
educators of the Office of Education to develop terminal plans which 

 



  

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 

Nos. 28030 and 238042 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant 

HINDS COUNTY SCHOOL BOARD, et al. 

Defendants-Appellees 

(AND CONSOLIDATED CASES) 

Appeals fromthe United States District Court 

For ‘the Southern District of Mississippi 

MOTION IN THE COURT OF APPEALS 

The United States moves this Court for an order 

amending its order of July 3, 1969 and subsequent amendments 

thereto in accordance with the proposed amendment order 

attached hereto. 

This motion is based upon the following considera- 

tions: 

By letter dated August 19, 1969 ( a copy of which 

is attached) to Honorable William Harold Cox, Chief Judge, 

United States District Court for the Southern District 

of Mississippi, Secretary Robert H. Finch of the Department 

of Health, Education and Welfare feguesiad to be permitted * 

additional time dvring which experts of the Office of 

Education may go into each school district in these cases 

and develop meaningful studies in depth and recommend 

terminal desegregation plans to be submitted to the Court 

not later than December 1, 1969. Since Secretary Finch 

is in the best possible position to judge the need and 

capacities in the Office of Education, we respectfully 

request that this motion be granted. We have filed 

 



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a: ® 

simultaneously with this motion a motion in the district poe
 

court for an order granting leave to file this motion 

in this Court. 

Respectfully submitted, 

  

JERRIS LEONARD 
Assistant Attorney General 

Civil Rights Division 

Washington, D.C. 20530 

 



IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 

  

Nos. 23030 and 28042 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant 

HINDS COUNTY SCHOOL BOARD, et al. 

Defendants-Appellees 

(AND CONSOLIDATED CASES) 

Appeals from the United States District Court 

For the Southern District of Mississippi 

AMENDED ORDER 

The order of this Court dated July 3, 1969, as 

amended by Order entered July 25, 1969, is hereby 

further amended as follows: 

Parszranhs 3,4,3,6, and 7 are deleted and the 

following paragraphs will substitute therefor: 

3. The Board, in conjunction with the Office 

of Education, shall develop and present to 

the District Court on or before December 1, 

1969, an acceptable plan of desegregation. 

4. If the Office of Education and a school board 

agree upon a plan of desegregation, it shall 

be presented to the District Court on or before 

December 1, 1969. The Court shall approve 

such plan unless within 15 days after submission 

to the Court any party files any objection or 

proposed amendment thereto alleging that the 

plan, or any part thereof does not conform 

to Constitutional standards. 

35. If no agreement is reached, the Office of 

Education shall present its proposal for a 

 



  

August 

plan for the school district to the 

District Court on or before December 1, 1969. 

The parties shall have 15 days from the date such 

a proposed plan is filed with the District 

Court to file objections or suggested amendments 

thereto. The District Court shall hold a 

hearing on the proposed plan and any objections 

and suggested amendments thereto, and shall 

promptly approve a plan which shidl conform 

to Constitutional standards. The District 

Court shall enter Findings of Fact and 

Conclusions of Law regarding the efficacy of 

any plan which is approved or ordered to 

disestablish the dual school system in question. 

Jurisdiction shall be retained until it is 

Clear that. disestablishment has been achieved. 

  

, 1969, 

 



  

CERTIFICATE OF SERVICE 
    

I, Robert T. Moore, an attorney with the Department 

of Justice, do hereby certify that I have made service 

upon all counsel in these cases who were present on 

August 21 at 1:30 p.m. in the courtroom of the United 

States District Court pursuant to notice of a hearing 

given by this court, by depositing sufficient numbers 

0 p
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of copies of the foregoing motion on defense couns 

table in the courtroom. Done this the 21st day of 

August 19690. 

  

  

ROBERT T. MOORE