# Reply Brief — Enterprise Consolidated School District v. Lauderdale County

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0444%3A3

## Record

- **Collection:** Supreme Court brief
- **Document type:** Reply Brief
- **Published:** January 1, 1994
- **Citation:** 513 U.S. 988

## Text

——— aut
- Eunrema Court, WS
+ BILLED
No. 94-482 ~—s_—i| c |
‘
In The OFFICE St THE CLERK i

Supreme Court of the United States

October Term, 1994
¢

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,
by and through Its Board of Trustees,

‘ Petitioner,

THE LAUDERDALE COUNTY,
MISSISSIPPI SCHOOL DISTRICT,
by and through Its Board of Education, et al.,
and the
QUITMAN, MISSISSIPPI SCHOOL DISTRICT,
by and through Its Board of Trustees, et al.,

Respondents,
Consolidated with

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

Petitioner,
V.

QUITMAN CONSOLIDATED SCHOOL DISTRICT,
Respondent.

+

On Petition For A Writ Of Certiorari
To The United States Court Of Appeals
For The Fifth Circuit
*

REPLY BRIEF IN SUPPORT
OF PETITION FOR WRIT OF CERTIORARI

¢
Dennis L. Horn Rosert E. CoviINGTON, Jr.
SHIRLEY PAyYNe Potty J. COVINGTON
P. O. Box 1725 ri. Box.779 -
Jackson, MS 39215 Quitman, MS 39355
(601) 373-0170 (601) 776-2136

Counsel for Petitioner

October 27, 1994

COCKLE LAW BRIEF PRINTING COQ., (800) 225-6964 i
OR CALL COLLECT (402) 342-2831 YY ie

No. 94-482
4

In The

Supreme Court of the United States
October Term, 1994
+

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,
by and through Its Board of Trustees,

Petitioner,
Vv.

THE LAUDERDALE COUNTY,
MISSISSIPPI SCHOOL DISTRICT,
by and through Its Board of Education, et al.,
and the
QUITMAN, MISSISSIPPI SCHOOL DISTRICT,
by and through Its Board of Trustees, et al.,

Respondents,
Consolidated with

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

> Petitioner,

QUITMAN CONSOLIDATED SCHOOL DISTRICT,
Respondent.

*

On Petition For A Writ Of Certiorari
To The United States Court Of Appeals
For The Fifth Circuit

*

REPLY BRIEF IN SUPPORT
OF PETITION FOR WRIT OF CERTIORARI

4

Courts cannot allow the fundamental constitutional
right of innocent citizens to attend desegregated schools
to be waived by the failure of a school board to seek a
timely remedy against intentional segregation. The effect
of the Fifth Circuit’s holding equitable estoppel to be a
bar to Enterprise School District’s effort to void a racially
charged school annexation contract is to cause the Enter-
prise School to go from approximately 70% to 91.4%
white, by the assignment of the Stonewall area black
students to the majority black Quitman School. The Court
of Appeals’ holding that discriminatory portions of the
annexation contract are racially severable is contrary to
Shelley v. Kramer, 334 U.S. 1 (1948). The result is that the
original intent of the annexation contract has been real-
ized. School segregation has become court approved.

A racially charged contract annexing territory so long
as the students remain segregated by race certainly meets
Milliken’s requirement that racial discrimination of one
school district have a significant segregative effect on
another school district. Contrary to the contentions of the
Respondent, there is a split in the circuits on the applica-
tion of Milliken v. Bradley, 418 U.S. 717 (1974) to similar

sets of facts. See, e.g., Hoots v. Pennsylvania, 672 F.2d 1107,
1121 (3d Cir. 1982).

Respectfully submitted,

Dennis L. Horn
Counsel of Record
SHIRLEY PAYNE

P. O. Box 1725
Jackson, MS 39215-1725

(601) 373-0170

RoBERT E. COvINGTON, JR.
Potty J. CoOvINGTON

P. O. Box 779

Quitman, MS 39355
(601) 776-2136

Counsel for Petitioner

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0444%3A3. Public record. Not legal advice.