SWANN v. CHARLOTTE-MECKLENBURG BD. OF EDUC.

Nos. 14517, 14518.

431 F.2d 138 (1970)

James E. SWANN et al., Appellees and Cross-Appellants, v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION et al., Appellants and Cross-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1970.

Certiorari Granted June 29, 1970.

Certiorari Granted October 6, 1970.


Attorney(s) appearing for the Case

William J. Waggoner and Benjamin S. Horack, Charlotte, N. C. (Ervin, Horack & McCartha; and Weinstein, Waggoner, Sturges, Odom & Bigger, Charlotte, N. C., on brief) for appellants and cross-appellees.

J. LeVonne Chambers, Charlotte, N. C. (Adam Stein and Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Jack Greenberg, James M. Nabrit, III, New York City, and Conrad O. Pearson, Durham, N. C., on brief), for appellees and cross-appellants.

David L. Norman, Deputy Asst. Atty. Gen. of the U. S. (Jerris Leonard, Asst. Atty. Gen., Brian K. Landsberg and David D. Gregory, Attys., Dept. of Justice, and Keith S. Snyder, U. S. Atty. for the Western District of N. C., on brief) for the United States as amicus curiae.

Stephen J. Pollak, Washington, D. C. (Richard M. Sharp, Shea & Gardner, and David Rubin, Washington, D. C., on brief) for The National Education Association as amicus curiae.

William C. Cramer, M. C., St. Petersburg, Fla., amicus curiae.

Gerald Mager, for Claude R. Kirk, Jr., Governor of Florida, amicus curiae.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER and BUTZNER, Circuit Judges, sitting en banc.


Certiorari Granted June 29, 1970. See 90 S.Ct. 2247.

Certiorari Granted October 6, 1970. See 91 S.Ct. 10.

BUTZNER, Circuit Judge:

The Charlotte-Mecklenburg School District appealed from an order of the district court requiring the faculty and student body of every school in the system to be racially mixed. We approve the provisions of the order dealing with the faculties of all schools1 and the assignment of pupils to high...

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