Correspondence from Pamela Karlan to Judges Alvin B. Rubin, A.J. McNamara, and Martin L.C. Feldman Re: Jones v. Edwards

    Inited States Court of Appeals 
FIFTH CIRCUIT 

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

November 20, 1969 

TO ALL COUNSEL LISTED BELOW 

Nos, 28030 & 28042 - USA v, Hinds County, et al 

Gentlemen: 

Enclosed are copies of the Court's orders entered 
in the Columbia, Marion, Meridian and Lauderdale 
school cases, 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 
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ol mn 
Gilbert Ff. Ganucheau 
Chief Deputy Clerk 

By 
  

GFG:adg 
Encls. 

Hon, Dan M,. Russell, Jr. 
Mr, J. D. Gordon, Sr. (Anite) 
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) 
Mr, Calvin R, King (Holmes) 
Miss Helen J. McDade (Kemper) 
Mr. William B, Compton (Lauderdale) 
Mr, James S. George (Lawrence) 
Mr, Harold W, Davidson (leake)  



  

Mr, H. WW, Hobbs, Jr, (Lincoln) 
Mr. R. L. Goza (Madison) 
Mr. Richard D. Foxworth (Marion) 
Mr. Robert Dean (Meridian) 
Mr. R. Brent Forman (Natchez) 
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-Issaquena 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, Summer (State of Mississippi) 
Mr. David L, Norman (Despartmznt of Justice) 
Mr. Melvyn Zarr (Private Plaintiffs) 

 



  

IN THE UNITED STATES COURT OF APPEALS Y. S. COURT OF APPEALS 

POR THE FIFTH CIRCUIT F I i = D 

NOV 19 1959 

UNITED STATES OF AMERICA EDWARD W. WADSWORTH 
CLERK 

VS. NCS. 28030-28042. 

COLUMBIA MUNICIPAL SEPARATE 
SCHOOL DISTRICT N

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ORDER 

This matter coming before the Court on motion of Columbia 

wanioLpal Separate School District to alter the desegregation 

plan heretofore ordered in this matter and on response of the 

United States of America, Department of Justice, and the Court 

having heard and considered same, finds that said motion should 

be and the same hereby is sustained; 

IT IS, THEREFORE, HEREBY ORDERED that the pupil assignment 

schedule of the desegregation plan for the Columbia Municipal 

Separate School District heretofore ordered in this cause be 

altered in accordance with the changes shown in "Exhibit A" 

hereto attached; 

IT IS FURTHER ORDERED that all other provisions of 

the HEW plan as ordaved into effect by this Court shall remain 

in full force and shall be complied with in accordance with the 

orders of this Court. 

THIS the LL day of November, 1969. 

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STUDENTS REGULAR TEACHERS REMEDIAL TEACHERS 
      

Grade White Negro Total White Negro Total White Negro Total 
      

COLUMBIA PRIMARY SCHOOL 

(Number of Classrooms: 17 regular, 1 portable) 
  

1 168 97 265 6 3 9 0 0 0 

2 32°" 82 214 4 2 os 1 0% 1 
Totals 300 179 479 10 5 3.5 1 0 l 

COLUMBIA ELEMENTARY SCHOOL 

(Number of Classrooms: 16 regular, 3 portable) 
  

3 130 80 210 5 3 8 0 2 2 

4 138 69 207 4 2 6 } 0 3 

5 1370 Ton pag is 2m og 9 
Totals 405 241 646 14 7 21 1 2 3 

JOHN J. JEFFERSON 

(Number of Classrooms: 21) 
  

There are eight classrooms in another building which will be used for specialists— 

nurse, counselor, remedial teachers, and Teacher Corps interns 

  

6 133 58 191 5 2 7 1 2 3 
7 161 65 226 5 3 8 0 0 0 

Spec. Edu. _60 30 90 a he 0 0 0 
Totals 354 153 507 14 7. 2% 1 2 3 

COLUMBIA JUNIOR-SENIOR HIGH SCHOOL 

(Number of Classrooms: 32) 
  

  

8 140 ol 201 Departmentalized 

9 119 73 191 Departmentalized 

10 lll 52 163 Departmentalized 

11 106 59 165 Departmentalized 

12 89 48 137 Departmentalized 

Totals 565 293 857 27 13 40 

— — — — — — o— o— ——_o— — — —_o—_— p——— — — on o— t— mm  — Gmm— So— — — — —— tm—— m— G— o— — o— — — — v_— ——_ t— 

In the H.E.W. Plan, the fifth grade was scheduled to go to the John J. Jefferson 

School. However, due to traffic problems and the condition of one of the build- 

ings on the John J. Jefferson campus, we would like to place all fifth grade stu- 

dents on the Columbia Elementary School campus for the remainder of this year. 

EXTIIBIT A,   

 



  

W. S. COURT OF APPEALS 

IN THE UNITED STATES courT oF appears PF | LED 

FOR THE FIFTH CIRCUIT NOV 19 1803 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

vs NOS. 28030 and 28042 

MARION COUNTY SCHOOL DISTRICT, ET AL., 

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Defendants—-Appellees. 

Cm Een Se coam— a— 

This action coming on for hearing for additional 

relief with respect to that certain order of the Court 

dated November 7, 1969, and the Court having considered 

the recommendations finds that certain amendments as pro- 

posed by the appellees and as agreed to and recommended by 

the Department of Justice and the Department of Health, 

Education and Welfare should be ordered at this time. In 

accordance with these findings the Court orders: 

Paragraph II of the HEW plan as ordered to be imple- 

mented by December 31, 1969 (said plan being Appendix 22 

of the Court's order dated November 7, 1969) is hereby amended 

in full to read as follows, to wit: 

A, The Marion Central Attendance Center shall be 

operated as a county-wide high school (grades 9-12), with all 

high school students in the County School District assigned to 

this school. Grades 9-12 shall'not be taught at any other 

school operated by the District. 

  

EDWARD W. WADSWORTH 

CLERK



  

C. The Bunker Hill Attendance Center, the Improve 

Attendance Center, and the Hub Attendance Center shall each 

be operated as schools for grades 1-8 to serve all students 

living east of the Pearl River. Said schools shall be operated 

as follows: 

l. The Bunker Hill Attendance Center shall 

be operated as a school for grades 1-8, serving all students 

in the north central and central portions of the county. 

2. The Improve Attendance Center shall be oper- 

ated as a school for grades 1-8, serving all students in the 

northeastern and east central portions of the county. 

3. The Hub Attendance Center shall be 

operated as a school for grades 1-8, serving all students in the 

southeastern portion of the county. 

The attendance at each school shall be in substantial 

accordance with the data sheet set forth in Exhibit "A" 

attached hereto. 

It is further ordered that all other provisions of the 

HEW plan as ordered into effect by this Court shall remain 

in full force and shall be complied with in accordance with 

the orders of this Court. 

Taig 1 3 Sein ORDERED this the !_' day of November, A.D., 1969, 

L.. - (2 2 N ap FAA veh 2 | N J Wn 4 

  

  

  

 



  

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RECOMMENDED 
        

  

  

  

  

NOTE: The data furnished herein differs onlyslightly 

from that furnished by HEW, and the difference 

occurs because the data furnished herein is more 

current. 

ENROLLMENT AND BUILDING USE UNDER THE PLAN 

NAME OF SCHOOL GRADES CAPACITY STUDENTS 
Permanent Portables W - N =. 

Marion Central 0-12 1350 None 602 551 1153 

West Marion 1-8 1350 Nene 746 450 . 1196 

Bunker Hill 1-3 L420 None 170 102 972 

Improve 1-8 510 None p55 205 . H60 

Hub 1-8 390 None 220. 146: 3656 
1993 T1454 3447 

 



  

9. S. COURT OF APPEALS 

FILED 

NOV 19 185 

IN THE UNITED STATES COURT OF APPEALS 
EDWARD W. WADSWORTH 

FOR: THE-FIFTH CIRCUIT CLERK 

Nos. 28030 & 28042 

JOHN BARNHARDT, et al., 

UNITED STATES OF AMERICA, 

V. 

MERIDIAN MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al., 

ORDER 
  

The above styled and numbered cause came on for hearing upon 

Plaintiffs-Appellants, - 

Intervenor-Defendant- 

Appellee, 

Defendants-Appellees. 

the motion of the Defendants filed pursuant to oral leave to so 

do granted by this Court to Defendants' counsel during the pre- 

order conference held by this Court on November 6, 1969, in 

New Orleans, Louisiang by which motion the Defendants seek certain 

changes in the plan prepared by the Office of Education, 

Department of Health, Education and Welfare and which this Court 

ordered into effect by its order of November 7, 1969. 

After hearing and considering the matter the Court finds 

that the motion is well taken and that it should be sustained. 

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the 

aforementioned plan of H.E.W. is hereby amended as follows, 

to-wit: 

l. For the purpose of describing attendance zones for the 

7th, 8th, and 9th grades the following reference line is 

established: 

Begin at the West boundary of the Meridian g ¥ 

Municipal Separate School District on the 

doodland Inn - Pine Springs Road and run 

in a southernly direction along this road 

to State Boulevard and thence along State 

Boulevard in a southernly direction to 

24th Street; run thence East on 24th Street 

 



  

to 33rd Avenue; run thence South on 33rd 

Avenue to 15th Street; run thence East on 

15th Street to 17th Avenue; run thence South 

on 17th Avenue to the Meridian and Bigbee 

Railroad; run thence southeasternly along 

the Meridian and Bigbee Railroad to the 

eastern boundary of the Meridian Municipal 

Separate School District. 

2. All 7th grade students living to the East and North 

of the above described line and within the corporate limits of 

the City of Meridian will attend Magnolia Junior High School. 

3. All 8th and 9th grade students living to the East and 

North of the above described line and within the corporate 

limits of the City of Meridian will attend Northwest Junior 

High School. 

4. All 7th grade students living West and South of the 

above described line and all 7th grade students living outside 

of the corporate limits of the City of Meridian and within the 

Meridian Municipal Separate School District will attend Carver 

Junior High School. 

S. All 8th and 9th grade students living South and West 

of the above described line and all 8th and 9th grade students 

living outside the corporate limits of the City of Meridian and 

within the Meridian Municipal Separate School District will 

attend Kate Griffin Junior High School. 

6. Transportation will be provided by the District in 

accordance with state law for all students who reside outside 

the corporate limits of the City of Meridian and within the 

Meridian Municipal Separate School District. 

7. The assignment of students shall be substantially as 

follows: 

 



  

School 

Carver 

Magnolia 

Kate Griffin 

Northwest 

8. The order of this Court entered on November 7, 1969, 

shall remain otherwise unchanged except as provided for herein- 

above. 

\ 
SO ORDERED, ADJUDGED AND DECREED on this the 1 day of 

November, 1969. 

Grade 
7th 

7th 

8th: §& 9th 

8th & 39th 

White =~ Negro Total 

245 218 463 

310 218 528 

502 420 922 

538 370 908 

Pompton. Tr Basie 
  

Griffin B. Bell 
‘United States Circuit Judge 

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United States Siroulyrdunge 

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Lewis XR. Morgan 
United States Circuit Judge 

 



  

¥. S. COURT OF APPEALS 

FILED 
IN THE UNITED STATES COURT OF APPEALS NOV 19 1959 

he 

FOR THE FIFTH CIRCUIT 

EDWARD W. WADSWORTH 
4d 

Nos. 28030 & 28042 CLERY 

UNITED STATES OF AMERICA, Original Plaintiff 
in District Court 

V. 

LAUDERDALE COUNTY SCHOOL 
DISTRICT, =f -al., | Defendants-Appellees 

ORDER 
  

The above styled and numbered cause came on for hearing upon 

the motion of the Defendants filed pursuant to oral leave to so 

do granted by this Court to Defendants' counsel during the pre- 

order conference held by this Court on November 6, 1969, in 

New Orleans, Louisiana, by which motion the Defendants seek certain 

changes in the plan prepared by the Office of Education, Department 

of Health, Education and Welfare and which this Court ordered into 

effect By its order of November 7, 1969. 

After hearing and considering the matter the Court finds 

that the motion is well taken and that it should be sustained. 

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the 

aforementioned plan of H.E.W. is hereby amended as follows, to-wit: 

1. That the Lauderdale County school district be divided 

into four separate attendance zones as per the attached map 

which shows these zones in detail. 

2. That all students in grades 1 through 12 Ytving within 

the zone surrounding the West Lauderdale Attendance Center will 

attend that school. 

3. That all students in grades 1 through 12 living within 

the zone surrounding the Clarkdale Attendance Center will attend 

that school. 

 



    

4. That all students in grades 1 through 12 living within 

the zone surrounding the Southeast Attendance Center will attend 

that school. | 

5. That all students in grades 1 through 6 living within 

the single zone surrounding the Northeast Attendance Center and 

the Middleton Attendance Center will attend the Middleton 

Attendance Center. That all students in grades 7 through 12 

living within the single zone surrounding the Northeast Attendance 

Center and the Middleton Attendance Center will attend the 

Northeast Attendance Center. 

6. That the assignment of students shall be substantially 

as follows: 

  

    

Zone = White Percent Negro Percent Total 

West Lauderdale 330 71% 375 29% 1,305 

Clarkdale 585 74% 203 26% 788 

Southeast | 670 55% 550 CULT 

Northeast and 

Middleton (1-6) 585 56% 470 yyu% 1,055 

Northeast and 

Middleton (1-12) 380 54% 330 46% 710 

7. That transportation will be furnished to all students 

eligible for transportation to the attendance center that is 

located within the zone where each student lives. 

8. The order of this Court entered on November 7, 1969, 

shall remain otherwise unchanged except as provided for herein- 

above, 

19 SO ORDERED, ADJUDGED AND DECREED on this the day of 

November, 1969. : \ 

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SEITE B, Bell 
United States Circuit Judge 

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Tewis K. Morgan 7 
United States Circuit Judge