Motion to Intervene as Party Plaintiff and Motion to Realign Parties

    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.   
  

 



      

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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