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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
JAMES E. SWANN, et al.,
Plaintiffs
CHARLOTTE-MECKLENBURG
BOARD OF EDUCATION,
public body corporate,
Defendant.
Civil Action
No. 1974
BRIEF OF
DEFENDANT
In support of its objection to the Interrogatories
propounded to the defendant by the plaintiffs in this
action, the defendant submits the following Argument and
citation of cases:
The question is whether the plaintiffs after final
judgment can require the defendant to answer Interrogatories under Rule 33 without a prior order of the Court
based upon an application for particular relief in accordance with the provisions of the Judgment.
2.
Rule 33 provides that one party may submit Interrogatories to an adverse party after 10 days from the filing
of the Complaint. An action is commenced in the Federal
Court upon the filing of the Complaint. In this case all of
the issues raised by the Complaint have been decided by the
Trial Court and affirmed by the Court of Appeals, and nothing
further remains to be heard or decided except as the plaintiffs may seek particular relief by Motion to the District
Court. The plaintiffs have made no such Motion nor other
Object Description
| Title | Pleadings, docket, and resume of John Finger |
| Series | Series 1, Pleadings |
| Subseries | Subseries 1, U.S. District Court proceedings |
| Digital Collection | Julius L. Chambers Papers, 1964-1979 |
| Creator | Chambers, Julius L. (Julius LeVonne), 1936-2013 |
| Date Created | 1967 |
| Series Description | This series presents a detailed documentation of the specific arguments, actions, and evidence brought forth before the court by plaintiffs and defendants as well as opinions, orders, and analyses of the Court. These pleadings consist primarily of documents submitted to the District Court, but also contain some submitted to the Circuit and Supreme Courts. Also included in this series are related letters of transmittal and some pleadings relating to the supplementary case in the North Carolina Superior Court relating to the North Carolina anti-busing statute; actions of the Board of Education, the plaintiffs, and the Court relating to the preparation of acceptable desegregation plans; and information related to alleged racial bias in application of discipline in the schools. |
| Collection Description | Files of a Charlotte attorney and his firm, Chambers, Stein, Ferguson, and Lanning, relating to their representation of Darius and Vera Swann and other plaintiffs in the landmark case, Swann v. Charlotte-Mecklenburg Board of Education, in which the U.S. Supreme Court ruled that federal courts were constitutionally authorized to exercise broad powers to oversee and produce solutions to achieve school integration, which could include using student quotas as a starting point, and developing new attendance zones and busing policies to achieve more racially balanced schools. Includes pleadings prepared by Chambers and attorneys for the Board of Education at the District, Circuit, and Supreme Court levels; court rulings and opinions; correspondence; clippings; research materials; statistics; desegregation plans prepared by the board and court consultant John Finger; proposed attendance zone maps; transcripts of proceedings; and depositions, briefs, and notes. |
| Subjects--Names |
Chambers, Julius L. (Julius LeVonne), 1936-2013 Swann, James E.--Trials, litigation, etc. |
| Subjects--Organizations | Charlotte-Mecklenburg Board of Education--Trials, litigation, etc. |
| Subjects--Topics |
African Americans--Civil rights--North Carolina African Americans--Education--North Carolina--Charlotte--History--20th century African Americans--North Carolina Busing for school integration--North Carolina--Charlotte Discrimination in education--North Carolina--Charlotte Education--Political aspects--North Carolina--Mecklenburg County |
| Subjects--Locations | Charlotte (N.C.)--Race relations--History--20th century |
| Coverage--Place |
Charlotte (N.C.) Mecklenburg County (N.C.) |
| Box Number | 1 |
| Folder Number | 5 |
| Language | eng |
| Object Type | Text |
| Digital Format | Displayed as .jp2, uploaded as .tif |
| Genre |
manuscripts (document genre) legal documents |
| Finding Aid | https://findingaids.uncc.edu/repositories/4/resources/464 |
| Original Collection | Julius L. Chambers Papers, 1902-1989, bulk 1965-1975 |
| Digital Collection Home Page | http://digitalcollections.uncc.edu/cdm/landingpage/collection/p16033coll7 |
| Repository | J. Murrey Atkins Library Special Collections, University of North Carolina at Charlotte |
| Digital Publisher | J. Murrey Atkins Library Special Collections, University of North Carolina at Charlotte |
| Rights | These materials are made available for use in research, teaching and private study. The digital reproductions have been made available through an evaluation of public domain status, permissions from the rights' holders, and authorization under the law including fair use as codified in 17 U.S.C. section 107. Although these materials are publicly accessible for these limited purposes, they may not all be in the public domain. Users are responsible for determining if permission for re-use is necessary and for obtaining such permission. Individuals who have concerns about online access to specific content should contact J. Murrey Atkins Library. |
| Location of Original | Manuscript 085, Special Collections Manuscripts--10th Floor, J. Murrey Atkins Library |
| Grant Information | Digitization made possible by funding from the federal Institute of Museum and Library Services (IMLS) under the provisions of the Library Services and Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources. |
| Identifier | chamjul-ms0085-010105 |
| Date Digitized | 2014-12-16 |
| Rating |
Description
| Title | chamjul-ms0085-010105-01 |
| Digital Collection | Julius L. Chambers Papers, 1964-1979 |
| Original Collection | Julius L. Chambers Papers, 1902-1989, bulk 1965-1975 |
| OCR Transcript | IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA JAMES E. SWANN, et al., Plaintiffs CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, public body corporate, Defendant. Civil Action No. 1974 BRIEF OF DEFENDANT In support of its objection to the Interrogatories propounded to the defendant by the plaintiffs in this action, the defendant submits the following Argument and citation of cases: The question is whether the plaintiffs after final judgment can require the defendant to answer Interrogatories under Rule 33 without a prior order of the Court based upon an application for particular relief in accordance with the provisions of the Judgment. 2. Rule 33 provides that one party may submit Interrogatories to an adverse party after 10 days from the filing of the Complaint. An action is commenced in the Federal Court upon the filing of the Complaint. In this case all of the issues raised by the Complaint have been decided by the Trial Court and affirmed by the Court of Appeals, and nothing further remains to be heard or decided except as the plaintiffs may seek particular relief by Motion to the District Court. The plaintiffs have made no such Motion nor other |
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