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Case Files, Alexander v. Holmes Hardbacks. Motion to Intervene as Party Plaintiff and Motion to Realign Parties, 1969. aae8542a-cf67-f011-bec2-6045bdd81421. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d28474c6-0bd8-41b4-8570-95cdb49dffb7/motion-to-intervene-as-party-plaintiff-and-motion-to-realign-parties. Accessed August 19, 2025.
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IN THE UNITED STATES DISTRICT COURT POR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION UNITED STATES OF AMERICA, Plaintiff, VS. CIVIL ACTION NG. 3807 NORTH PIKE COUNTY CONSOLIDATED SCHOOL DISTRICT, et al, MOTION TO INTERVENE AS PARTY PLAINTIFFS AND MOTION TO REALIGN PARTIES 1. This motion is made pursuant to Rules 21 and 24(a) and {b) of the Federal Rules of Civil Procedure. 2. The following named Negro children attending schools located within the North Pike County School District move this Court to intervene as party plaintiffs in the above captioned cause: George Magee, Jr., Marvan Jean Magee, Barbara Gale Magee, by their father, George Magee. 3. In support of this Motion the said children allege that: a) they have an interest in the outcome of this liti- cation; b) they have a right to a unitary school system and a right to the immediate implementation of the HEW plan of desegre- pation submitted to the Court; c) it is apparent from the motion of the United States Lo withdraw the HEW plan of desegregation that rights of Negro rhildren are not adequately represented by the United States. > » 4. Unless this Court permits the intervention of private plaintiffs the proceeding will not be adversarial in nature and there will be no "case or controversy" cognizable in this Court under Article Three of the Constitution of the Unlted States. 5. The named Negro children further move this Court to realign the parties making the United States a party defendant in this action: a) it is apparent from the motion of the United States to withdraw the HEW plan of desegregation that the interests and objectives of the United States and defendant school district co- incide and that they both seek to delay the implementation of movants right to a unitary integrated school district by the com- mencement of the 1969-70 school year. WHEREFORE, named children move this Court to: 1. Enter an order naming them as party plaintiffs in this cause; 2. Realign the parties making the United States a party defendant. UHecoud 24; 1967 REUBEN V. ANDERSON / FRED L. BANKS, JR. { MELVYN R. LEVENTHAL JOHN A. NICHOLS 538% North Farish Street Jackson, Mississippi 39202 JACK GREENBERG NORMAN AMACKER NORMAN CHACHKIN Suite 2030 10 Columbus Circle New York, New York 10019