Motion to Proceed as Amicus Curiae; Memorandum Supporting Motion of LDF to Proceed as Amicus Curiae

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NOS, 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

vs. 

HINDS COUNTY SCHOOL BOARD, et al., 
Defendants~Appellees. 

BEATRICE ALEXANDER, et al., 
plaintiffs-Appellants, 

VS. 

HOLMES COUNTY BOARD OF EDUCATION, et al., 
Defendants-Appellees. 

and all cases consolidated and included in 

the Court's Order of November 7, 1969 

MOTION TO PROCEED AS AMICUS CURIAE 
  

And now, this 12th day of November, 1969, comes the N,A.A.C.P. 

Legal Defense and Educational Fund, Inc., and respectfully moves 

that it be permitted to appear and proceed as amicus curiae in such 
  

of these cases as were brought by the United States of America as 

sole plaintiff and in which there has been no intervention by 

private counsel on behalf of Negro schoolchildren in each school 

district sued; and in support of its motion would respectfully 

show this Court: 

1. These consolidated cases are each school desegregation 

actions against school districts in the Southern federal judicial 

 



District of Mississippi. Twelve school systems (Anguilla Line, 

canton, Enterprise, Holly Bluff, Holmes, Leake, Madison, Meridian, 

Quitman, Sharkey-Issaguena, Yazoo City and Yazoo County) are 

defendants in suits initiated by private litigants on behalf of 

Negro schoolchildren in the respective districts. The remaining 

school systems involved in this litigation are defendants in 

lawsuits commenced by the United States; Negro parents and school- 

children have intervened as plaintiffs in the cases involving 

North Pike and wilkinson County. 

2. It has become apparent during the course of this litigation 

that the interest of the United States and the interest of the 

Negro schoolchildren in the school districts sued are often 

divergent (viz. the initiatives for delay taken by the United 

States on August 21, 1969 and in its Proposed Order submitted 

November 4, 1969). There is no relationship, contractual or 

other, between these Mississippi Negro schoolchildren and the 

United States,except a statutory relationship pursuant to 42 U.S.C. 

§2000c-6 (Section 407 of the 1964 Civil Rights Act) which author- 

izes the Attorney General of the United States to commence such 

litigation at his discretion. These Mississippi Negro school- 

children have no control, in law or in fact, over the course of 

litigation brought by the government against the school districts 

in which they are enrolled, except insofar as the Attorney General 

or his representatives choose to hear, respect and act upon their 

rights and wishes.  



  

3, The N.A.A.C.P. Legal pefense and Educational Fund, Inc., 

is a non-profit membership corporation, incorporated under the 

laws of the State of New York in 1939. It was formed to assist 

Negroes to secure their constitutional rights by the prosecution 

of lawsuits. Its charter declares that its purposes include 

rendering legal aid gratuitously to Negroes suffering injustice 

by reason of race or color who are unable, on account of poverty, 

to employ and engage legal aid on their own behalf. The charter 

was approved by a New York court, authorizing the organization to 

serve as a legal aid society. The N.A.A.C.P. Legal Defense and 

Educational Fund, Inc. is independent of other organizations 

and supported by contributions of funds from the public. 

4, Mississippi attorneys in private practice who are associ- 

ated with the N.A.A.C.P. Legal Defense and Educational Fund, IncC., 

represent private plaintiffs and private plaintiff-intervenors 

in all cases where the United States is not the sole plaintiff. 

5. Only private plaintiffs and plaintiff-intervenors opposed 

the August 21 motion of the United States for a delay, the 

granting of which was unanimously reversed by the United States 

Supreme Court. 

6. In its November 7 Order and in its oral comments at the 

November 6 pre-Order conference, this Court encouraged the school 

districts to seek "the further counsel and assistance of the 

office of Education (HEW) . . . ." However, this Court also made 

clear that it would not mechanically approve HEW=-school board 

oI 

 



  

agreements. If amicus curiae participation is granted the Legal 
  

Defense Fund in the United States' cases, as representative of 

the Negro schoolchildren in the school districts sued, the Court 

will have the benefit of a view independent of both the school 

boards and HEW on the adequacy of proposed deviations from this 

Court's Order. 

WHEREFORE, the N.A.,A.C.P. Legal Defense and Educational 

Fund, Inc., respectfully prays that this Court enter its Order: 

1. Designating and permitting the N.,A.A.C.P. Legal 

Defense and Educational Fund, Inc., to appear and parti=- 

cipate as amicus curiae on behalf of Negro schoolchildren 
  

who attend the school systems involved in the:following 

cases brought by the United States as sole plaintiff, 

with the right as such to submit pleadings, evidence, 

arguments and briefs, to move for injunctive and other 

necessary and proper relief, and to initiate such further 

proceedings that may be necessary and appropriate: 

United States of America 

Hinds County School Board, et al. 

Lee, et al. 
Vv, 

United States of America [C.A, No. 2034(H)] 
Ve. 

Evans 

United States of America 
Ve ([C.A., No. 1373(E)] 

Kemper County School Board, et al. 

United States of America 
Ve. [C.A. No. 1120(W)] 

Natchez Special Municipal Separate 
School District, et al. 

will 

 



  

United States of America 
Ve [C.A., No. 

Marion County School District, et al. 

United States of America 
Vv. [C.A. No. 

South Pike County Consolidated 
School District, et al. 

United States of America 
Vv. [C.A. No. 

Neshoba County School District, et al. 

United States of America 
Ve. [C.A., No. 

Noxubee County School District, et al. 

United States of America 
Ve {C.A, No. 

Lauderdale County School District, et al. 

United States of America 
Vv. [C.A, No. 

Columbia Municipal Separate 
School District, et al. 

United States of America 
Ve [C.A., No. 

Amite County School District, et al. 

United States of America 
v, [C.A, No. 

Covington County School District, et al. 

United States of America 
Ve [C.A. No. 

Lawrence County School District, et al. 

United States of America 
Vv. [C.A., No. 

Lincoln County School District, et al. 

United States of America 
Ve. 

Philadelphia Municipal Separate [C.A. No. 
School District, et al. 

United States of America 
Vv. [C.A. No. 

Franklin County School District, et al. 

2178 (H) ] 

3984 (J) }] 

1396(E) ] 

1372(E) } 

1367(E) ] 

2199(H) ] 

3983(J) ] 

2148 (H) |] 

2216(H) }] 

4292 (J) } 

1368(E) ] 

4256(J) } 

 



  

2. Requiring that all pleadings, memoranda, Orders, 

etc. in those cases be served upon amicus, by service upon 

both Mississippi counsel and New York counsel; 

3. Directing that amicus shall be permitted the 

usual Rule time (unless otherwise ordered by this Court) 

to respond to motions or requests to alter or amend the 

plans ordered into effect by this Court on November 7, 

1969; and that approval or disapproval of such motions 

and requests shall be held in abeyance, even where the 

United States may consent to same, until amicus' response 

has been presented or its time to respond has expired. 

Respectfully submitted, 

MELVYN R. LEVENTHAL 
REUBEN V. ANDERSON 
FRED L. BANKS, JR. 

538% North Farish Street 
Jackson, Mississippi 39202 

JACK GREENBERG 
JAMES M. NABRIT, III 

NORMAN C. AMAKER 

NORMAN J. CHACHKIN 

MELVYN ZARR 

10 Columbus Circle 
New York, New York 10019 

Attorneys for N.A.,A.C.P. 
Legal Defense and Educational 
Fund, Inc. 

 



  

CERTIFICATE OF SERVICE 
  

This is to certify that on this 12th day of November, 1969, 

I served a copy of the foregoing Motion to Proceed as Amicus 

Curiae on the following counsel for each of the parties herein, 

by United States mail, first class postage prepaid, at the 

addresses indicated: 

J. D. Gordon, Sr., Esd. Joe R. Fancher, Esq. 

Liberty P. 0. Box 245 

Mississippi 39645 Canton, Mississippi 39046 

Maurice Dantin, Esq. John K. Keyes, Esq. 
P. 0. Box 604 Collins 
Columbia, Mississippi 39429 Mississippi 32428 

Robert E. Covington, Esq, M. M. Roberts, Esq. 
Jeff Carter Building P. 0. Box 870 
Quitman, Mississippi 39355 Hattiesburg, Mississippi 39401 

Woodrow W. Hewitt, Esq. Robert C. Cannada, Esq. 
P. 0, Box 426 P.O. Drawer 1250 
Meadville, Mississippi 39653 Jackson, Mississippi 39205 

Calvin R. King, Esq. Helen J. McDade, Esq. 
106 East Mulberry Street P. 0. Box 112 
Durant, Mississippi 39063 DeKalb, Mississippi 39238 

William B. Compton, Esq. James S. George, Esq. 
P. O. Box 845 P. O. Box 493 
Meridian, Mississippi 39301 Monticello, Mississippi 39654 

Harold WwW. Davidson, Esq. Henry W. Hobbs, Jr., Esq. 
Carthage P. C. Box 356 
Mississippi 39051 Brookhaven, Mississippi 39601 

R. L. Goza, Esq. Richard D. Foxworth, Esq. 
114 west Center Street 216 Newsom Building 
Canton, Mississippi 32046 Columbia, Mississippi 39429 

Robert B. Dean, Jr., Esq. R. Brent Forman, Esq. 
P. O. Box 888 P, 0. Box 1377 
Meridian, Mississippi 39301 Natchez, Mississippi 39120 

Laurel G. Weir, Esq. John G. Roach, Esq. 

P. 0. Box 150 P. O. Box 506 
Philaddphia, Mississippi 39350 McComb, Mississippi 39648 

TF - 

 



  

Ernest L. Brown, Esq. 
Macon 
Mississippi 29341 

Talley D. Riddell, Esq. 
P. O. Box 199 
Quitman, Mississippi 39355 

Robert S. Reeves, Esq. 
P. O. Box 998 
McComb, Mississippi 39648 

walter R. Bridgeforth, Esq. 
P. O, Box 48 

Herman Alford, Esq. 
424 Center Avenue 
Philadelphia, Mississippi 

39350 

Herman C. Glazier, Jr., Esq. 
506 walnut Street 
Rolling Fork, Mississippi 

39159 

Thomas H. Watkins, Esq. 
P. 0. Box 650 
Jackson, Mississippi 39205 

John G. Satterfield, Esq. 
P. O., Box 466 

Yazoo City, Mississippi 39194 Yazoo City, Mississippi 

Hon. A. F. Summer 

39194 

Attorney General of Mississippi 
New Capitol Building 
Jackson, Mississippi 39205 

David L. Norman, Esq. 
United States Department of Justice 
Washington, D. C. 

  

Attorney for N,A.A.C.P. Legal 
Defense and Educational Fund, Inc. 

 



is 

  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NOS. 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

vs. 
HINDS COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees, 

BEATRICE ALEXANDER, et al., 
Plaintiffs-Appellants, 

VS. 
HOLMES COUNTY BOARD OF EDUCATION, et al., 

De fendants-Appellees. 

and all cases consolidated and included in 
the Court's Order of November 7, 1969 

  

MEMORANDUM IN SUPPORT OF MOTION OF 
MOTION OF N.A.A.C.P. LEGAL DEFENSE AND EDUCATIONAL FUND, 

INC. TO PROCEED AS AMICUS CURIAE 
  

This Memorandum is filed on behalf of the N,A.,A.C.P. Legal 

Defense and Educational Fund, Inc., only to bring to the atten- 

tion of the Court the fact that participation in several school 

desegregation cases in Louisiana, as amicus curiae under the 
  

same terms and conditions as are proposed in the Motion of the 

N.A.A.C.P. Legal Defense and Educational Fund, Inc., herein, 

has been granted to the United States of America upon its motion.   
E.g., Thomas v. West Baton Rouge Parish School Board, No. 3208 
  
  

(E.D., La., Baton Rouge Division, Sept. ll, 1969); Graham v. 

Evangeline Parish School Board, No. 11053 (w.D., La., Opelousas 
  

Division, August 28, 1969). 
Respectfully submitted, 

  

Attorney for N.A.,A.C.P. Legal 
Defense & Educational Fund, Inc.