Motion for Modification; Affidavit

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  

JOAN ANDERSON, et al, 
Plaintiffs-Appellants ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR 
- THE SOUTHERN DISTRICT OF 
MISSISSIPPI, JACKSON DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor-Appellant 
Civil Action No. 3700 (J) 

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CANTON MUNICIPAL SEPARATE SCHOOL 

DISTRICT, et al, 

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Defendants-Appel lees 

MOTION FOR MODIFICATION 
  

PURSUANT to leave granted by this Court at the pre-order conference in New 

Orleans, Louisiana, on November 6, 1969, COME NOW Defendants, Canton 

Municipal Separate School District, et al, in the above styled and numbered cause 

and respectfully move the Court to modify its order entered herein on the 7th day of 

November, 1969, as follows: 

FIRST: 

The order of this Court dated November 7, 1969, is hereby amended by adding 

a new paragraph number (8) on page 6 thereof to read as follows: 

(8) As to the Canton Municipal Separate School District system, the Office of 

Education plan (App. 8) is modified as follows: Section Il, being Subsection 2 through 

6 of the Office of Education Recommended Plan for Student Desegregation, is eliminated. 

In place thereof we substitute the geographic zoning arrangement for said Canton District 

set out in Sections | and Il (App. 8 (b) ) of the proposed amended plan of the Canton 

Municipal Separate School District. All other provisions of the Office of Education plan 

regarding the Canton District are to become effective pursuant to the terms of this order. 

 



  

SECOND: 

In all other respects the order of this Court of November 7, 1969, remains in 

full force and effect 

In support of this motion Defendants submit herewith, attached hereto, the 

Affidavit of Dr. Lamar Fortenberry, relative to the resulting statistical data as to 

race. 

‘Respectfully submitted, 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al 

py An 

By: / ) / Ctn. Cl= wR i vd 2. 
  

Joe R. anchor Jr. 77 
Attorney 

 



  

STATE OF MISSISSIPPI 
COUNTY OF MADISON AFFIDAVIT 

  

PERSONALLY CAME and appeared before me, the undersigned authority in and for 

the aforementioned jurisdiction duly authorized and qualified to take and administer 

oaths, DR. LAMAR FORTENBERRY, who, after having been duly sworn by me, deposed 

and stated as follows: 

1. That he is the duly qualified and acting Superintendent of the Canton Municipal 

Separate School District and has held such position for the past four (4) years. 

2. That based upon the best available data, of his own personal knowledge and 

belief, and assuming that the population of the District remains static, the racial statis- 

tical results of the proposed amended plan for said District filed contemporaneously 

herewith in the United States Court of Appeals for the Fifth Circuit are anticipated to 

be as follows: 

    

  

SCHOOL GRADES NEGRO WHITE TOTAL CAPACITY 

Nichols Elementary 1-7 1080 78 1158 1225 

Rogers-McNeal Elementary * 1-7 1035 61 1096 1269 

Canton Elementary 1-7 244 623 867 891 

Rogers High 8-12 1122 104 1226 1350 

Canton High 8-12 191 460 651 675 

Totals 3672 132 4998 5410 
  

*The Rogers-McNeal Elementary School is operated in two separate buildings under the 

same principal, and said statistical results for such buildings are further broken down as 

    
  

    

    

follows: 

BUILDING GRADES NEGRO WHITE TOTAL CAPACITY 

McNeal 1-4 554 38 592 594 

Rogers 5-7 481 23 504 675 

Totals 1035 61 1096 1269 

  

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CERTIFICATE OF SERVICE 
  

|, Joe R. Fancher, Jr., attorney for Canton Municipal Separate School District, 

do hereby certify that on this the // day of November, 1969, | caused to be 
  

served by United States mail, postage prepaid, true and correct copies of the fore- 

going Motion for Modification and Affidavit of Dr. Lamar Fortenberry upon attorneys 

of record for Plaintiffs and Plaintiff-Intervenor, addressed as fol lows: 

Mr. Melvyn R. Leventhal 
Mr. Reuben V. Anderson 

Mr. Fred L. Banks, Jr. 

Mr. John A. Nichols 
538-1/2 North Farish Street 
Jackson, Mississippi 39202 

Mr. Melvyn Zarr 
Mr. Jack Greenberg 
Mr. James M. Nabrit, 111 
Mr. Norman C. Amaker 

Mr. Norman J. Chachkin 
10 Columbus Circle, Suite 2030 
New York, N. Y. 10019 

Mr. Jeris Leonard 
Assistant Attorney General 
Department of Justice 
Washington, D. C. 20530 

Mr. David L. Norman 
Deputy Assistant Attorney General 
Department of Justice 
Washington, D. C. 20530 

Mr. Robert E. Hauberg 
United States Attorney 
P. O. Box 2091 

Jackson, Mississippi 39205 

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"Joe R. Fancher, Jr. 7 
Attorney at Law 
P. O. Box 245 
Canton, Mississippi 39046