Final Judgement

Public Court Documents
June 22, 1970

Final Judgement preview

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  • Case Files, Swann v. Charlotte-Mecklenburg Hardbacks. Final Judgement, 1970. 2ae9f034-2e34-f111-88b4-0022482cdbbc. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/1d723f52-60f0-4536-8f10-209b608072c4/final-judgement. Accessed June 02, 2026.

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     [||ba222f63-2be2-423c-aee1-dc42fd93d998||] IN THE UNITED STATES DLSTRICT COURT FOR THE 
WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

  

CIVIL NO. 197k   

JAMES E, SWANN, et al., 
Plaintiffs, 

ve dg US     

JHARLOTTE-MECKLENBURG BOARD = 1 §t FF 
OF EDUCATION, a public body IEE ed 
corporate; WILLIAM EE, POE; 
HENDERSON BELKj; DAN HOOD; BEN fr 
Fe. HUNTLEY; BETSEY KELLY; 
COLEMAN W, KERRY, JR.; JULIA i 
MAULDEN; SAM McNINCH, III; THOS. £ RHODES, UW E00 
CARLTON G, WATKINS; THE NORTH OF MN. | 
CAROLINA STATE BOARD OF EDUCATLO 
a public body corporate; and Ero 
A, CRAIG PHILLIPS, Superintendent 
of Public In struction of the State 
of North Carolina, 

Defendants, 

and 

HONORABLE ROBERT W, SCOTT, Governor 
of the State of North Carolina; 

HONORABLE A. C. Loi, Controller 
of the State Dep: 2,11 ren: tof Publ 2 
Instruction: HONORABLE WILLIAM 
McLEAN, Judge of the Superior art 
of Mecklenburg County; TOM B, HARRIS; 

Go. DON ROBERSON;:; A. i Eh 
JAMES M. POSTELL 3; WILLIAM E. RORILE, 
JR.; CHAIMERS R. CARR; ROBERT T. 
WILSON; and the CONCERNED! PARENTS 
ASSOCIATION, an unincorporated 
association in Mecklenburg County: 

JAMES CARSON and WILLIAM H., BOOE, 
Additional 

Parties-Defendant. 

CIVIL NO. 2631 
  

MRS, ROBERT LEE MOORE, et al., 
Plaintiffs, 

versus 

CHARLOTTE-MECKLENBURG BOARD OF 
EDUCATION and WILLIAM C., SELF, 
Superintendent of Charlotte- 

Mecklenburg Public Schools, 
Defendants. 

  

FINAL JUDGMENT 
  

Upon reconsideration of our memorandum opinion filled 

April 23, 570, we withdraw Part V. 3 

It ic now ORDERED, ADJUDGED and DECREED - hat the following 

portion of N. C. General Statute 115-176.1 ; "iting assignment 

 



  

by race and bussing be and hereby is held unconstitutional, 

void, and of no effect: 

No student shall be assigned or compelled to 
attend any school on account of race, creed, 
color or national origin, or for the pur-= 
pose of creating a balance or ratio of 
race, religion or national origins. In- 
voluntary bussing of students in contra- 
vention of this article is prohibited, 
and public funds shall not be used for any 
such bussing. 

All parties are hereby enjoined from enforcing, or seek- 

ing the enforcement of, the foregoing portion of the statute. 

Plaintiffs' motion to hold defendants in contempt is 

denied; the various motions to dismiss are denied. 

This 2 2~ day of June, 1970. 

  

United States Circuit Judge 

  

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Unjiiggd States Circulity Judge 

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Ufited States District Judge 

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