Case: United States of America v. Franklin County School District

3:68-cv-04256 | U.S. District Court for the Southern District of Mississippi

Filed Date: 1968

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.] This is a school desegregation lawsuit brought to determine whether the “freedom of choice” plan was an acceptable method for the disestablishment of segregated school systems. The case was filed on February 12, 1968, in the United States District Court for the Southern District of Mississippi.

Related Cases

30 Related School Desegregation Cases in the Southern District of Mississippi, Southern District of Mississippi (1966)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6127288/parties/united-states-v-franklin-county-school-district/


Judge(s)
Attorney for Plaintiff

Breen-Portnoy, Ceala (Mississippi)

Gov, Dwayne Julian (Mississippi)

Gov, Mitzi Dease (Mississippi)

Attorney for Defendant

Hooks, John Simeon (Mississippi)

Expert/Monitor/Master/Other

Gregory, Haley Fowler (Mississippi)

Documents in the Clearinghouse

Documents in this case
1

3:68-cv-04256

Docket [PACCER]

Jan. 9, 1981

Jan. 9, 1981

Docket

3:68-cv-04256

Docket

Feb. 10, 2011

Feb. 10, 2011

Docket

69-28030

Opinion

U.S. v. Hinds County School Bd.

U.S. Court of Appeals for the Fifth Circuit

July 3, 1969

July 3, 1969

Order/Opinion

417 F.2d 852

69-28030

Opinion

U.S. v. Hinds County School Bd.

U.S. Court of Appeals for the Fifth Circuit

Nov. 7, 1969

Nov. 7, 1969

Order/Opinion

423 F.2d 1264

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6127288/united-states-v-franklin-county-school-district/

Last updated March 30, 2026, 4:24 a.m.

ECF Number Date Description Link
1 Feb. 10, 2011

Attached is a scanned copy of the original docket sheet. It will be necessary to review this docket sheet for complete information in this case, including attorneys of record, from filing through 2/10/2011. Original docket sheet and case file have been shipped to Archives. (cwl) (Entered: 02/10/2011)

RECAP
2 Oct. 14, 2015

NOTICE of Appearance by Lane B. Reed on behalf of Franklin County School District (Reed, Lane) (Entered: 10/14/2015)

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3 Oct. 14, 2015

NOTICE Report (2012- 2013) by Franklin County School District (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Reed, Lane) (Entered: 10/14/2015)

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4 Oct. 15, 2015

NOTICE of Appearance by Elizabeth Lee Maron on behalf of Franklin County School District (Maron, Elizabeth) (Entered: 10/15/2015)

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5 Oct. 15, 2015

NOTICE of Response to January 23, 2015 Request for Information by Franklin County School District (Maron, Elizabeth) (Entered: 10/15/2015)

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6 Oct. 15, 2015

NOTICE Report (2013-2014) by Franklin County School District (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Reed, Lane) (Entered: 10/15/2015)

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7 Oct. 16, 2015

NOTICE Report (2014- 2015) by Franklin County School District (Attachments: # 1 Exhibit Net Membership by Race/Gender, # 2 Exhibit Net Membership by Race/Gender, # 3 Exhibit Schedule Filter: FLE, # 4 Exhibit Schedule Filter: FUE, # 5 Exhibit Schedule Filter: Middle School, # 6 Exhibit Schedule Filter: High School, # 7 Exhibit Schedule Filter: Career Tech, # 8 Exhibit Employee Summary Report: FLE, # 9 Exhibit Students Transferred into Franklin County, # 10 Exhibit Title 1 District Meeting)(Reed, Lane) (Entered: 10/16/2015)

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8 Nov. 16, 2015

NOTICE of Supplemental Response to January 23, 2015 Request for Information by Franklin County School District (Maron, Elizabeth) (Entered: 11/16/2015)

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9 Dec. 22, 2015

MOTION for Declaration of Unitary Status by Franklin County School District (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - November 7, 1969 Order, # 3 Exhibit 3 - Desegregation Plan, # 4 Exhibit 4 - November 26, 1969 Order, # 5 Exhibit 5 - November 13, 1972 Order, # 6 Exhibit 6 - May 1, 1974 Order, # 7 Exhibit 7 - January 7, 1981 Order, # 8 Exhibit 8 - Killingsworth v. Enterprise Order, # 9 Exhibit 9 - Affidavit of Murray Carlock, # 10 Exhibit 10 - 2013-2014 Annual Excerpts, # 11 Exhibit 11 - 2014-2015 Annual Excerpts, # 12 Exhibit 12 - 2015-2016 Annual Excerpts, # 13 Exhibit 13 - Resolution of Intent)(Maron, Elizabeth) (Entered: 12/22/2015)

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10 Dec. 22, 2015

MEMORANDUM in Support re 9 MOTION for Declaration of Unitary Status filed by Franklin County School District (Maron, Elizabeth) (Entered: 12/22/2015)

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11 Jan. 7, 2016

NOTICE of Appearance by Mitzi Dease Paige on behalf of United States of America (Paige, Mitzi) (Entered: 01/07/2016)

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12 Jan. 11, 2016

NOTICE of Appearance by Dwayne Julian Bensing - Federal Gov on behalf of United States of America (Bensing - Federal Gov, Dwayne) (Entered: 01/11/2016)

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13 Jan. 11, 2016

First MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Declaration of Unitary Status by United States of America (Bensing - Federal Gov, Dwayne) (Entered: 01/11/2016)

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14 Jan. 20, 2016

RESPONSE to Motion re 13 First MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Declaration of Unitary Status filed by Franklin County School District (Maron, Elizabeth) (Entered: 01/20/2016)

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15 Jan. 25, 2016

ORDER granting 13 Motion for Extension of Time to File Response; response due 3/24/2016. Signed by Magistrate Judge Linda R. Anderson on 1/25/2016. (ACF) (Entered: 01/25/2016)

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16 Feb. 19, 2016

NOTICE REPORT 2015-2016 by Franklin County School District (Attachments: # 1 Exhibit Net Membership by Race/Gender, # 2 Exhibit Net Membership by Race/Gender, # 3 Exhibit Homeroom Roster, # 4 Exhibit Homeroom Roster, # 5 Exhibit Enrollment, # 6 Exhibit Enrollment, # 7 Exhibit Summary Employee Report, # 8 Exhibit Student Transfer, # 9 Exhibit Title I Meeting)(Reed, Lane) (Entered: 02/19/2016)

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17 March 24, 2016

Response in Opposition re 9 MOTION for Declaration of Unitary Status by Franklin County School District (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - November 7, 1969 Order, # 3 Exhibit 3 - Desegregation Plan, # 4 Exhibit 4 - November 26, 1969 Order, # 5 Exhibit 5 - November 13, 1972 Order, # 6 Exhibit 6 - May 1, 1974 Order, # 7 Exhibit 7 - January 7, 1981 Order, # 8 Exhibit 8 - Killingsworth v. Enterprise Order, # 9 Exhibit 9 - Affidavit of Murray Carlock, # 10 Exhibit 10 - 2013-2014 Annual Excerpts, # 11 Exhibit 11 - 2014-2015 Annual Excerpts, # 12 Exhibit 12 - 2015-2016 Annual Excerpts, # 13 Exhibit 13 - Resolution of Intent)(Maron, Elizabeth) filed by United States of America (Attachments: # 1 Exhibit HEW Plan, # 2 Exhibit 2015 01 23 Request for Information, # 3 Exhibit 2015 02 04 Response to Information Request, # 4 Exhibit 2015 04 03 Response to Information Request, # 5 Exhibit 2016 03 04 Ltr to Def re Concerns, # 6 Exhibit 2016 03 11 Ltr to US re Extension of Time)(Bensing - Federal Gov, Dwayne) (Entered: 03/24/2016)

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18 March 24, 2016

MOTION for Discovery by United States of America (Attachments: # 1 Supplement Interrogatories)(Bensing - Federal Gov, Dwayne) (Entered: 03/24/2016)

1 Supplement Interrogatories

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19 March 24, 2016

MEMORANDUM IN SUPPORT re 18 MOTION for Discovery filed by United States of America (Bensing - Federal Gov, Dwayne) (Entered: 03/24/2016)

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20 March 31, 2016

REPLY to Response to Motion re 9 MOTION for Declaration of Unitary Status filed by Franklin County School District (Attachments: # 1 Exhibit 14 - Civil Docket, # 2 Exhibit 15 - Weather, # 3 Exhibit 16 - Correspondence)(Maron, Elizabeth) (Entered: 03/31/2016)

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21 April 7, 2016

RESPONSE to Motion re 18 MOTION for Discovery filed by Franklin County School District (Attachments: # 1 Exhibit Wilson v. Samson Contour Energy E&P, LLC, # 2 Exhibit Greenthal v. Joyce, # 3 Exhibit Docket 20)(Maron, Elizabeth) (Entered: 04/07/2016)

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22 April 14, 2016

REPLY to Response to Motion re 18 MOTION for Discovery filed by United States of America (Bensing - Federal Gov, Dwayne) (Entered: 04/14/2016)

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23 April 22, 2016

NOTICE of Service of Response to Interrogatories by Franklin County School District (Maron, Elizabeth) (Entered: 04/22/2016)

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24 June 1, 2016

NOTICE of Supplemental 2013-2014 Report by Franklin County School District (Attachments: # 1 Exhibit 2013-2014 Teachers by race in each school)(Reed, Lane) (Entered: 06/01/2016)

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25 June 3, 2016

NOTICE 2014-2015 Supplemental Report by Franklin County School District (Attachments: # 1 Exhibit 2014-2015 Teachers by race in each school)(Reed, Lane) (Entered: 06/03/2016)

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26 June 9, 2016

NOTICE 2015-2016 Supplemental Report by Franklin County School District (Attachments: # 1 Exhibit Employee Supplemental Report)(Reed, Lane) (Entered: 06/09/2016)

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27 July 22, 2016

NOTICE of Service of First Supplemental Response to Interrogatories by Franklin County School District (Reed, Lane) (Entered: 07/22/2016)

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28 July 25, 2016

NOTICE of Service of Defendant's First Set of Interrogatories by Franklin County School District (Maron, Elizabeth) (Entered: 07/25/2016)

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29 July 25, 2016

NOTICE of Service of Defendant's First Set of Request for Production by Franklin County School District (Maron, Elizabeth) (Entered: 07/25/2016)

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30 July 25, 2016

NOTICE of Service of Defendant's First Set of Request for Admissions by Franklin County School District (Maron, Elizabeth) (Entered: 07/25/2016)

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31 Aug. 24, 2016

NOTICE of Service of Response to Admissions by United States of America re 30 Notice of Service of Request for Admissions (Bensing-Federal Gov, Dwayne) (Entered: 08/24/2016)

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32 Sept. 1, 2016

MOTION to Withdraw as Attorney Dwayne J. Bensing by United States of America (Bensing-Federal Gov, Dwayne) (Entered: 09/01/2016)

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33 Sept. 14, 2016

NOTICE of Appearance by Ceala Breen-Portnoy on behalf of United States of America (Breen-Portnoy, Ceala) (Entered: 09/14/2016)

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34 Nov. 8, 2016

NOTICE of Service of Response to Interrogatories by United States of America (Breen-Portnoy, Ceala) (Entered: 11/08/2016)

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35 Nov. 8, 2016

NOTICE of Service of Response to Request for Production by United States of America (Breen-Portnoy, Ceala) (Entered: 11/08/2016)

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36 June 2, 2017

NOTICE REPORT OF THE FRANKLIN COUNTY SCHOOL DISTRICT (2016-2017) by Franklin County School District (Attachments: # 1 Exhibit Net Membership by Race/Gender (District), # 2 Exhibit Net Membership by Race/Gender (Schools), # 3 Exhibit Homeroom Roster(FLE), # 4 Exhibit Homeroom Roster (FUE), # 5 Exhibit Class Roster Summary (FMS), # 6 Exhibit Class Roster Summary (FHS), # 7 Exhibit Summary of Full Time/ Part Time Teachers by Race, # 8 Exhibit Summary of Inter-District Transfers, # 9 Exhibit Title I Committee)(Reed, Lane) (Entered: 06/02/2017)

1 Exhibit Net Membership by Race/Gender (District)

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2 Exhibit Net Membership by Race/Gender (Schools)

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3 Exhibit Homeroom Roster(FLE)

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4 Exhibit Homeroom Roster (FUE)

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5 Exhibit Class Roster Summary (FMS)

View on PACER

6 Exhibit Class Roster Summary (FHS)

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7 Exhibit Summary of Full Time/ Part Time Teachers by Race

View on PACER

8 Exhibit Summary of Inter-District Transfers

View on PACER

9 Exhibit Title I Committee

View on PACER

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37 June 2, 2017

NOTICE of Appearance by John Simeon Hooks on behalf of Franklin County School District (Hooks, John) (Entered: 06/02/2017)

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38 June 8, 2017

ORDER Signed by District Judge Henry T. Wingate on 6/8/2017 (Attachments: # 1 Exhibit, # 2 Exhibit)(hw) (Entered: 06/08/2017)

1 Exhibit

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2 Exhibit

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39 June 8, 2017

ORDER finding as moot 18 Motion for Discovery Signed by District Judge Henry T. Wingate on 6/8/2017 (hw) (Entered: 06/08/2017)

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40 June 30, 2017

NOTICE OF OBJECTION OR COMMENT FORM. (PKM) (Additional attachment(s) added on 6/30/2017: # 1 Envelope) (PKM). (Entered: 06/30/2017)

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41 July 10, 2017

ATTACHMENT PROOF OF PUBLICATION- NOTICE OF FAIRNESS HEARING by Franklin County School District (Reed, Lane) (Entered: 07/10/2017)

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42 July 13, 2017

NOTICE OF OBJECTION OR COMMENT FORM (Attachments: # 1 Envelope)(PKM) (Entered: 07/13/2017)

1

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43 July 13, 2017

NOTICE OF OBJECTION OR COMMENT FORM (Attachments: # 1 Envelope)(PKM) (Entered: 07/13/2017)

1 Envelope

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45 July 17, 2017

NOTICE of Objection or Comment (Attachments: # 1 Envelope)(MGB) (Entered: 07/17/2017)

1

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46 July 17, 2017

NOTICE of Objection or Comment (Attachments: # 1 Envelope)(MGB) (Entered: 07/17/2017)

1 Envelope

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47 July 17, 2017

NOTICE of Objection or Comment (Attachments: # 1 Envelope)(MGB) (Entered: 07/17/2017)

1 Envelope

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48 July 18, 2017

Emergency MOTION to Seal DOCUMENT by Franklin County School District (Reed, Lane) (Entered: 07/18/2017)

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49 July 18, 2017

MEMORANDUM in Support re 48 Emergency MOTION to Seal DOCUMENT filed by Franklin County School District (Reed, Lane) (Entered: 07/18/2017)

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50 July 18, 2017

NOTICE OF DEFENDANT'S UNOPPOSED EMERGENCY MOTION TO SEAL DOCUMENT by Franklin County School District re 48 Emergency MOTION to Seal DOCUMENT (Reed, Lane) (Entered: 07/18/2017)

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51 July 18, 2017

ORDER granting unopposed 48 Motion to Seal from public access Doc. 44. The Clerk is directed to restrict access to the document 44 for reasons set forth. Signed by Magistrate Judge Linda R. Anderson on 7/18/2017. (ACF) (Entered: 07/18/2017)

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52 July 24, 2017

NOTICE of Objection or Comment Form (Attachments: # 1 Cover Letter, # 2 Envelope, # 3 Envelope, # 4 Priority Mail Envelope)(PKM) (Entered: 07/24/2017)

1 Cover Letter

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2 Envelope

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3 Envelope

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4 Priority Mail Envelope

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53 July 25, 2017

SUMMONS Returned Executed by Franklin County School District, Subpoena Returned (Reed, Lane) (Entered: 07/25/2017)

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54 July 25, 2017

Subpoena Returned (Reed, Lane) (Entered: 07/25/2017)

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55 Aug. 7, 2017

NOTICE OF OBJECTION OR COMMENT FORM (Attachments: # 1 Envelope)(PKM) (Entered: 08/07/2017)

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56 Aug. 8, 2017

NOTICE OF INTENT TO SERVE SUBPOENA to Kate Royals by Franklin County School District (Attachments: # 1 Exhibit 1 - Subpoena to Kate Royals)(Hooks, John) (Entered: 08/08/2017)

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57 Aug. 8, 2017

MOTION to Quash Motion of Kate Royals to Quash Trial Subpoena by Kate Royals (Attachments: # 1 Exhibit 1 - Kate Royals Subpoena)(Gregory, Haley) (Entered: 08/08/2017)

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58 Aug. 11, 2017

Witness List (hw) (Entered: 08/11/2017)

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59 Aug. 11, 2017

Letter (Rebuttal Statement) from Carla M. Bell. (PKM) (Entered: 08/11/2017)

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60 Aug. 11, 2017

Exhibit List (Attachments: # 1 Exhibit Documents, # 2 Exhibit Documents)(hw) (Entered: 08/11/2017)

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61 Sept. 1, 2017

NOTICE of Service of Position Statement by United States of America (Breen-Portnoy, Ceala) (Entered: 09/01/2017)

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62 Sept. 8, 2017

NOTICE of Position Statement by Franklin County School District (Attachments: # 1 Exhibit 1 - Order Granting Unitary Status to Simpson County School District, # 2 Exhibit 2 - Affidavit of M. D. Bilbo, # 3 Exhibit 3 - Affidavit of Chris Kent, # 4 Exhibit 4 - 6/10/2014 MDE Letter to District, # 5 Exhibit 5 - Affidavit of Jack Hollingsworth)(Hooks, John) (Entered: 09/08/2017)

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Case Details

State / Territory:

Mississippi

Case Type(s):

School Desegregation

Key Dates

Filing Date: 1968

Case Details

Other Dockets:

Southern District of Mississippi 3:68-cv-04256

U.S. Court of Appeals for the Fifth Circuit 69-28030

Recommended Citation