Reno v. Bossier Parish School Board Motion to Dismiss or Affirm

    IN THE UNITED STATES COURT OF APPEALS ne 374 A YL 
Ji 

FOR THE FIFTH CIRCUIT Cw wADSYORTH 

EDWARL 
\ ‘yp Nf. LiF at 

CLERK 
  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve. 

HINDS COUNTY SCHOOL BOARD, et al., 

pefendants-Appellces. 

{Civil Action No. 4075(J3)) 

  

BUFORD A. LEE, et al., 

Plaintiffs-Appellees, 

Ve. 

UNITED STATES OF AMERICA, 

Defendant-Appellant. 

Vv. 

MILTON EVANS, 

Third Party 
Defendant-Appellee. 

(Civil Action No. 2034 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

KEMPER COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

{Civil Action No. 1373(E)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

NORTH PIKE COUNTY CONSOLIDATED 
SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3807(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

NATCHEZ SPECIAL MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1120 (W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv, 

COVINGTON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2148(H)) 

  

UNITED STATES OF AMERICA, - 

Plaintiff-Appellant, 

v. 

LAWRENCE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2216 (H)) 

  

 



  

JEREMIAH BLACKWELL, JR., et al., 

Plaintiffs~-Appellants, 

Ve 

ISSAQUENA COUNTY BOARD OF EDUCATION, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1096(W)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

WILKINSON COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1160 (W)) 

  

CHARLES KILLINGSWORTH, et al., 

Plaintiffs-Appellants, 

Vv. 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT 
and QUITMAN CONSOLIDATED SCHOOL DISTRICT, 

Defendants—-Appellees. 

{Civil Action Ro. 1302(R)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

LINCOLN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 4292(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

MARION COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 2178(H)) 

  

JOAN ANDERSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor, 
Appellant, 

ve. 

THE CANTON MUNICIPAL SCHOOL DISTRICT, et al., 

and THE MADISON COUNTY SCHOOL DISTRICT, 

et al., 

Defendants-Appellees. 

(Civil Action No. 3700(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Ve 

SOUTH PIKE COUNTY CONSOLIDATED SCHOOL 
DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3984(J)) 

  

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

¥ 5 

; HOLMES COUNTY BOARD OF EDUCATION, et al., 

Defendants-Appellees. 

(Civil Action No. 3779 (J)) 

  

 



  

ROY LEE HARRIS, et al., 

Plaintiffs-Appellants, 

V. 

THE YAZOO COUNTY BOARD OF EDUCATION, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1209 (W)) 

  

JOHN BARNHARDT, et al., 

Plaintiffs-Appellants, 

V. 

MERIDIAN SEPARATE SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1300(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

v. 

NESHOBA COUNTY SCHOOL DISTRICT, et al. 

Defendants-Appellees. 

(Civil Action No. 1396 (E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

| NOXUBEE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1372(E)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

’ Ye 

LAUDERDALE COUNTY SCHOOL DISTRICT, 

et al., 

Defendants-Appellees. 

(Civil Action No. 1367(E)) 

  

DIAN HUDSON, et al., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Plaintiff-Intervenor- 
Appellant,’ 

Ve 

LEAKE COUNTY SCHOOL BOARD, et al., 

Defendants-Appellees. 

(Civil Action No. 3382(J)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. | 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, et al., 

Defendants-Appellees. 

(Civil Action No. 2199 (H)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

9 

AMITE COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 3983(J)) 

  

 



  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

PHILADELPHIA MUNICIPAL SEPARATE SCHOOL 

DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 1368(E)) 

  

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, 

Vv. 

FRANKLIN COUNTY SCHOOL DISTRICT, et al., 

Defendants-Appellees. 

(Civil Action No. 4256 (J) ) 

  

Appeals from the United States District Court for the 
Southern District of Mississippi 

  

ORDER 
Pursuant to the decision of the Supreme Court in 

Alexander v. Holmes County Board of Education, 1969, 396 
  

  

U.S. 19, 90 8. Ct. 29, 24 1. E4'2d4 19, this Court has re~ 

tained jurisdiction of the within captioned school cases 

pending the desegregation of each system. 

Subsequent to this decision of the Supreme Court, 

the following orders were entered by this Court with re- 

spect to the Lincoln County School Districts: 

(1) United States v. Hinds County School Board, 
  
  

5 Cir., November 7, 1969, 423 F. 24 1264 (Lincoln County 

School District); 

 



  

(2) United States v. Lincoln County School Dis- 
  

  

trict, et al., 5 Cir., Nos. 28030 and 28042, December 12, 
  

1969, 

Meanwhile the semi-annual status reports required 

by our decision in United States v. Hinds County School 
  
  

Board, 5 Cir., 1970, 433 F. 2d 611, 618-19, have been 

filed through and including October 15, 1973. 

It now appearing that the Lincoln County School 

District school system has been and is being maintained 

as a unitary school system in compliance with the afore- 

said orders, and it further appearing that it would be 

appropriate to transfer jurisdiction of the case to the 

district court under a final order there to be entered 

as follows, it is ORDERED: 

(1) Jurisdiction of No. 4294(J), United States of 
  

America v. Lincoln County School District, et al., is 
  

hereby transferred to the United States District Court 

for the Southern District of Mississippi; 

(2) Said case may be placed on the inactive docket 

of that court subject to being reopened for good cause 

shown on the application of any party, or intervenor, or 

sua sponte; 
  

(3) The aforesaid orders entered by this Court 

shall be considered as the mandate of this Court and are 

to be made the order of the district court; 

(4) The reports required by United States v. 
  

Hinds County School Board, 433 F. 2d 618-19, supra, may 
  

 



be discontinued in the event copies of the Summary Re- 

  

ports (Forms 101 and 102) which are filed annually with 

the Department of Health, Education and Welfare, along 

with a report showing faculty and staff assignments as 

required in the Hinds County type of report and faculty 
  

and staff hiring by race if such information is not re- 

flected in the HEW Summary Reports, are filed simultane- 

ously with the district court and served upon counsel 

for plaintiffs and amicus curiae, and are retained for a 

period of two years by the district court for examination 

by counsel for the parties herein or amicus curiae. As 

.an alternative to filing ehe HEW reports, the defendant 

school districts may continue to file the Hinds County 
  

type of report but on an annual basis not later than 

November 15 to reflect status as of October 15 each year. 

IT IS SO ORDERED this 77 day WC 197% 

vl Ly CIRCUIT JUDGE 

TRA Se 
UNITED AL CIRCUIT JUDGE] 

/ ? ) 7 | ~ Re Say a 7 

EY J A, \ a 

UNITED STATES CIRCUIT JUDGE 

  

  

  

APPROVED AS TO FORM: 

Fe lg ie gr Tipe 
U.S. Department of Justice, 
for the United States of America, 

plaintiff. 

WEN ¢ 
Attorney, for NAACP Legal Defense 
& Education Fund, Inc., 
Amicus BS 

hdd, ia 

  

  

  

  

Aftorney for Lincoln County School 

District, et al., defendants.