United States v. Lincoln County School District Order

    ® Auited States Court of Apprals 
FIFTH CIRCUIT 

  

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408-400 ROYAL ST. CLERK 
NEW ORLEANS, LA. 70130 December 15, 1969 

TO ALL COUNSEL LISTED BELOW 

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

TT fhm STS ASF A ye are tv i id ai Ft A 0 snp i se 

Gentlemen: 

Enclosed is a copy of the Court's order entered 
in the Lincoln County School case, 

Very truly yours 

EDWARD W, WADSWORTH 
Clerk 

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By gilli... ai ZZ art yor PE Dinrn™ 

Gilbert F. Ganucheau 
Chief Deputy Clerk 

  

GFG/eav 

Encl,. 

| 
: : Hon. Dan M. Russell, Jr. 

i Mr. J. D. Gordon, Sr. (Amite) 
. Mr. Joe R. Fancher (Canton) 

Mr, Maurice Dantin (Columbia) 
Mr. John K. Keyes (Covington) 
Mr. Robert E. Covington (Enterprise) 
Mr. M. M. Roberts (Forrest) 
Mr. W. W. Hewitt (Franklin) 
Mr. Robert Cannada (Hinds) 
Yr. Calvin R, King (Holmes) 
Miss Helen J. McDade (Kemper) 
Mr. William B. Compton (Lauderdale) 
Mr. James 8S, George (Lawrence) 
Mr. Harold W. Davidson (Leake) 

 



Mr. H., WV. Hobbs, Jr, (Lincoln) 
Mr, R. L. Goza (Madison) 
Mr. Richard D. Foxworth (Marion) 
Mr, Robert Dzan (Meridian) 
Mr. R. Brent Forman (atchez) 
Mr. Laurel G. Weir (Neshoba) 
Mr, John G, Roach, Jr, {North Pike) 
Mr, Ernest L. Brown (Noxubee) 
Mr, Herman Alford (Philadelphia) 
Mr, Tally D, Riddell (Quitman) 
Mr. Herman C, Glazier, Jr. (Sharkey- tsshouena and 

Anguilla Line) 
* Mr, Robert S. Reeves (South Pike) 
Mr, Thomas H. Watkins (Wilkinson) 
Mr, Walter R. Bridgeforth (Yazoo County and Holly Bluff) 

~ Mr, John Satterfield (Yazoo City) 
Hon. A, F, Sunmer (State of Mississippi) 
Mr, David L, Norman (Dzpartmzant of Justice) 

Mr, Melvyn Zarr (Private Plaintiffs) 
Mr, Melvyn R. Leventhal {Private Plaingizse) 

 



i gmk ang OF. APPEALS 

FILED 

IN THE UNITED STATES COURT OF APPEALS DEC 1 51969 
FOR THE FIFTH CIRCUIT 

  

EDWARD W. WADSWORTH 

  

  

UNITED STATES OF AMERICA, 
: Plaintiff-Appellant, 
v 

LINCOLN COUNTY SCHOOL DISTRICT ET AL., 
A Defendants~Appellees, 

  

"ORDER 

The above styled and nunbered cause having come cn for hearing on motion 

of the Defendants-Appellees for modification of the order of this Court rendered 

on November 7, 1969, as to the Lincoln County School District, and the Court hav- 

ing considered the same and finding that said motion should be sustained and the 

. said order modified as to the Lincoln County School District to the extent provided 

below: 

It is, therefore, hereby ordered, adjudged and decreed that this Court's 

aforesaid order of November 7, 1969, is hereby modified as follows: 

l. Section II (being pages 2 through 8 of) of Appendix 21 to this Court's 

order-rendered in the above styled and numbered cause on November 7, 1969, being 

the HEW Plan filed on August 11, 1969, entitled "A Desegregation Plan for the Lin 
coln County School System" is hereby amended to read and shall henceforth read as 

follows, to-wit: 

LINCOLN COUNTY SCHOOL DISTRICT 

IT, 

PLAN FOR STUDENT DESEGRECATION 

In order to bring about a unitary system in which schools are not idenfi- 

fiable by race, the following plan shall be effective beginning December 

31, 1969: 

School capacities are based on figures supplied by the district and 

checked by multiplying the nunber of available classrooms by 30 for both 

secondary and elementary schools, 

The Lincoln County School District shall be divided into four attendance 

 



i 

  

zones named and described as follows, to-wit: 

LOYD STAR ATTENDANCE ZONE: [ns 
  

All territory in Lincoln County which is bounded as follows: 

On the North by the northern boundary of Lincoln County,   

On the West by the western boundary of Lincoln County.   

On the South by a line which begins at the southwest comer of 
Section 32, Township 8 North, Range 5 East, and mms 

  

thence east to the southwest corner of Section 32, 
Township 8 North, Range 6 East, 

thence east to the southeast corner of said Section 32, 

thence south to the center line of Mississippi State 
Highway 550, 

thence following the center line of said highway to its 
intersection with the western boundary of the Brookhaven 
Municipal Separate School District, 

thence following the boundary of the Brookhaven Municipal 
Separate School District northerly and easterly to the 
boundary line between Sections 21 and 22 of Township 8 

~ North, Range 8 East, ’ 

On the East by the boundary line between said Sections 21 and 22 
and an extension thereof north to the northern boundary of 
Lincoln County, 

  

ENTERPRISE ATTENDANCE ZONE: 
  

AREA 1 - All territory of Lincoln County which is bounded as follows: 

On the North by the northern bouxdarr of Lincoln County, 
  

On the West by the western lines of Sections 10 and 15 and the N 1/2 
of Section 22, Township 8 North, Range 8 East, and the 
eastern boundary of the Brookhaven Municipal Separate 
School District, = 

  

On the South by the northern boundary of the Brookhaven Municipal Separate 
School District, 

  

On the East by the eastern boundary of Lincoln County.   

AREA II - All territory in Lincoln County which is bounded as follows: 
On the North by the southern boundary of the Brookhaven Municipal 

Separate School District, 
  

On the West by a line which begins at the northwest corner of Section 
28, Township 7 North, Range 8 East, and runs southerly 
along the boundary of the Brookhaven Municipal Separate 
School District to the northwest corner of Section 20, 
Township 6 North, Range 8 East, 

  

thence south to the southwest comer of said Section 20, 

thence east to the southeast corner of said Section 20, 

thence south to a point 300 feet north of the center line 
of the Bogue-Chitto-Ruth public road, 

ny 

 



thence following a line 300 feet northerly of and 

parallel to the center line of the Bogue Chitto- 
Ruth public road to Ruth, Mississippi, 

  

thence following a line 300 feet easterly of and 
parallel to the center line of the Ruth-Summit public 
road southerly to the south boundary of lincoln County. 

On the South by the southern boundary of Lincoln County. 
  

  

On the Fast by the eastern boundary of Lincoln County. 

y BOGUE CHITTO ATTENDANCE ZONE: 
  

All the territory in Lincoln County described as follows: 

Beginning at the southwest corner of Lincoln County, run thence 
north to the center line of U. S. Highway 98, 

thence easterly along said highway to the center line of the road 
leading therefrom to Auburn, to a point 300 feet west of the 
Auburn crossroads, 

a line 300 feet West of and parallel to 
thence northerly and easterly along/the center line of the old 
Jackson Road to a point 300 feet north of the Arlington - Bogue 
Chitto Road, 

thence easterly along a line 300 feet northerly of and parallel 
to sald road to a point 300 feet easterly from the Arlington - 
Brookhaven Road, 

thence northerly along a:line 300 feet east of and parallel to 
the Arlington-Brookhaven Road to the northwest corner of the SW 1/k 
of SW 1/k of Section 9, Township 6 North, Range 7 Fast, 

thence east to the east line of Section 10, said township and range, 

thence north to the south line of the N 1/2 of N 1/2 of said Section 10, 

thence west to the boundary of the Brookhaven Municipal Separate 
School District, i 

thence following the boundary of the Brookhaven Municipal Separate 
School District northerly, easterly and southerly to the northwest 
corner of Section 20, Township 6 North, Range 8 East, 

thence following the boundary of Area II of the Enterprise Attendance 
Zone as above described to the south boundary of Lincoln County, 

run thence west to the point of beginning. 

WEST LINCOIN ATTENDANCE ZONE: 
  

All territory in Lincoln County which lies west of the Illinois Central 
Railroad Company main line and is not embraced within the boundaries 
of the Brookhaven Municipal Separate School District, the Loyd Star 
Attendance Zone or the Bogue Chitto Attendance Zone as said attendance 
zones are above described. 

As to the present Eva H, Harris Attendance Center: 
  

There shall be taught at the present Eva H., Harris Attendance Center 

buildings grades 7 and 8. All students in said grades residing in 

the school district, white and Negro, shall be assigned to said 

attendance center, 

 



  

As to the Loyd Star Attendance Zone: 
  

The Loyd Star Attendance Center shall be comprised of the present Loyd 

Star School Buildings and the Progress School Buildings, There shall 

be taught at said center grades 1 through 6 and 8 through 12, All stu- 

dents in said grades, white and Negro, residing within the Loyd Star 

Attendance Zone shall be assigned to the Loyd Star Attendance Center. 

One or more high school departments of the attendance center shall operate 

at! the former Progress School buildings, with students shuttled by bus 
between said buildings and the present Loyd Star School buildings. 

As to the West Lincoln Attendance Zone: 
  

The West Lincoln Attendance Center shall be comprised of the present 

West Minedtn School buildings. At said center there shall be’ taught 

grades 1 through 6 and 9 through 12. All students in said grades, white 

and Negro, who reside within the ies Lincoln Attendance Zone shall be 

assigned to the West lincoln Attendance Center. 

As to the Bogue Chitto Attendance Zone: 
  

The Bogue Chitto Attendance Center shall be comprised of the present 

Bogue Chitto School buildings and the Lincoln County Training School 

buildings. There shall be taught at said center grades 1 through 6 and 

9 through 12, All students in said grades, white and Negro, residing with- 

in the Bogue Chitto Attendance Zone shall be assigned to the Bogue Chitto 

Attendance Center, One or more high school departments of the attendance 

center shall operate at the former Lincoln County Training School build- 

ings, with students shuttled by bus between said buildings and the present 

Bogue Chitto School buildings, 

As to the Enterprise Attendance Zone: 
  

The Enterprise Attendance Center shall be comprised of the present 

Enterprise School buildings. At said center there shall be taught 

grades 1 through 6 and 9 through 12. All students tn wuld grades, white 

and Negro, who reside within the Enterprise Attendance Zone shall be 

assigned to the Enterprise Attendance Center. 

lie 

 



COMPOSITE BUILDING INFORMATION FORM 
LINCOLN COUNTY 

  

DATE: December 31, 1363, and thereafter 

NAME OF ATTENDANCE CAPACITY STUDENTS | STAFF 
  

  

CENTER GRADES Perm. = W/Ports Wnite Negro Total White Negro Total 

BOGUE CHITTO* 1-6 § 9-12 1080. 618 ©. 285 774 23 12 35 

ENTERPRISE 1-6 § 9-12 420 540 262 19 am 12 6 18 

LOYD STAR 1-6 § 9-12 720 EE a Tian 17 1. 28 

WEST LINCOLN 1.512832 420 540 252 148 L401 125 v's 18 

EVA H. HARRIS Pgs 660 0/8 172 uss 8 6: a8 

LINCOLN COUNTY TRAINING Used as a High School Department at Bogue Chitto School, 

PROGRESS Used as a High School Department at Loyd Star School 

*(Including Lincoln County Training School buidlings) 
**(Including Progress School buildings) 

2, Except as heretofore or hereby specifically modified the aforesaid 

order of this Court rendered on November 7, 1969, shall remain in full force and 

effect and shall be complied with in accordance with appropriate orders of this 

Court. 

  

QO a ; AG SO ORDERED on this, the 1 day of Sceruhey . 3069, 
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Cs, co Md aes Frappe b. Rsnel 
Griffin B, Bell 

United States Circuit Judge 

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( J Peanlon I Ciara NOV (L 9) ~-A.5 : 

Homer Thornberry / 
United States Circuit Judge 

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FA Th © ¥ "3 . fe 3 [4 0 Cr, {te 1 3d by 

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. lewis R, Morgan? ‘ 
United States Circuit Judge 

  

  

  

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