Memorandum from Lani Guinier to Butler Henderson and Jim Robinson

    Anited States Court of Appeals 

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK 600 CAMP STREET 
CLERK NEW ORLEANS, LA. 70130 

May 1, 1974 

Mr. Robert C., Thomas, Clerk 
U. S. District Court 
P. O. Box 769 
Jackson, Mississippi 39205 

Nos. 28030 & 28042 - U.S.A. vs. Hinds County, et al. 
  

Dear Mr. Thomas: 

Enclosed is a certified copy of an order entered by the 
Court transferring the Franklin County School District 
case to your Court. 

Very truly yours, 

EDWARD W. WADSWORTH, Clerk 

By Ch, Analy 

/cfs Deputy Clerk 
enclosure 

  

cc and enclosure to: 
Hon, Dan M. Russell 
Mr. Jack Greenberg: 
Mr. David L. Norman 
Mr, Melvyn Leventhal 
Mr, Thomas M. Keeling 
Mr, W., W, Hewitt 

 



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

V. 

HINDS COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 4075(J)) 

  

BUFORD A. LEE, et al, 

Plaintiffs-Appellees, 

Y. 

UNITED STATES OF AMERICA, 

Defendant-Appellant. 

Third Party 
Defendant-Appellee. 

(Civil Action No. 2034%(H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

KEMPER COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 1373(E)) 

  

U.S. Court 57 ' FEAL & 
Sd LO 

FE 15 - [ 

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EDWARD VW. Wa OR 
. $ixl p Clery = ¥IRTH 

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

NORTH PIKE COUNTY CONSOLIDATED 
SCHOOL DISTRICT, et al., 

Defendant s-Appellees. 

{Civil Action No. 3807({J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

NATCHEZ SPECIAL MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al., 

Defendant s-Appellees. 

(Civil Action No. 1120(W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vo 

COVINGTON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2148(H)) 

  

UNITED 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, 

Vv LJ 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 
and QUITMAN CONSOLIDATED SCHOOL DISTRICT, 

Defendants-Appellees. 

(Civil Action No. 1302(E)) 

  

B4ITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

LINCOLN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 4292(J)) 

  

 



By 
——

——
".

, 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant,   
V [ J . | 

MARION COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

{Civil Action No. 2178(H)) 

  

JOAN ANDERSON, et al., : 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor, 
Appellant, 

Ve. 

THE CANTON MUNICIPAL SCHOOL DISTRICT, et al., 
and THE MADISON COUNTY SCHOOL DISTRICT, 
et al., 

Defendants-Appellees. 

(Civil Action No. 3700(J)) 

  

UNITED STATES OF AMERICA, i 

Plaintiff-Appellant, 

Ve 

SOUTH PIKE COUNTY CONSOLIDATED SCHOOL 
DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3984(J)) 

  

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

v. 

HOLMES COUNTY BOARD OF EDUCATION, et al., 

Defendants-Appellees. 

{Civil Action No. 3779(J)) 

  

  
 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve. 

LAUDERDALE COUNTY SCHOOL DISTRICT, 
et al,, 

Defendant s-Appellees. 

(Civil Action No. 1367(E)) 

  

DIAN HUDSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor- 
Appellant, 

Vv, 

LEAKE COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 3382(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v, 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, et al., 

Defendants-Appellees. 

(Civil Action No. 2199(H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv, 

AMITE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. - 

(Civil Action No. 3983(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

PHILADELPHIA MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1368(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

FRANKLIN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 4256(J)) 

  

Appeals from the United States District Court for the 
Southern District of Mississippi 

  

ORDER 

  

Pursuant to the decision of the Supreme Court in 

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

  

U.S. 19, 90 s. Ct. 29, 24 L. Ed 2d 19, this Court has re- 

tained 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 the Franklin County School District: 

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

  

5 Cir., November 7, 1969, 423 F.2d 1264 (Franklin 

County School District); 

(2) United States v. Franklin County School District, 
  

  

et al., 5 Cir., Nos. 28030 and 28042, December 12, 1969. 

 



  

Meanwhile the semi-annual status reports required 

by our decision in United States v. Hinds County School   

  

Board, 5 Cir., 1970, 433 F. 24 611, 618-19, have been 

filed through and including October 15, 1973. 

It now appearing that the Franklin County School 

District school sy eben 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. 4256(J), United States of 
  

America v. Franklin 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 re- 

flected in the HEW Summary Reports, are filed simultaneously 

with the district court and served upon counsel for plantiffs 

and amicus curiae, and are retained for a period of two years 

 



  

by the district court for examination 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. 

IT IS SO ORDERED THIS 1st day of May s 1974. 

Stn ut A {lams 
  

UNITED STATES CIRCUIT JUDGE 

  

  

HNETED wl CIRCUIT JUDGE 

APPROVED AS TO FORM: 
77 

ol 7. AA 
cL Civil Rights Division 

U.S. Department of Justice 
for the United States or iherics, 
Plaintiff. 

ANN, 
Nae rney, for NAACP Legal Defense 
& BE vik fh Fund, Inc., 
Amicus Curiae. 

US LL 7 

  

  

  

    

  

Attorney for rn County School 
District, et al., defendants.