Amendment, Correction or Clarification of Order of February 5, 1970

     [||38b0499b-7ded-4636-ac42-d3db4e6b2b8c||] IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

Charlotte Division 

Civil Action No. 1974 

JAMES E. SWANN, et al, 

Plaintiffs, AMENDMENT, CORRECTION OR 

CLARIFICATION OF ORDER OF 

FEBRUARY 5, 1970. 

ys 

CHARLOTTE~MECKLENBURG BOARD OF 

EDUCATION, et al, 

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Defendants. 

Paragraph 7 of the February 5, 1970, order read in part as 

follows: 

"7. That transportation be offered on a uniform 

non-racial "basis to all children whose attendance in 

any school is necessary to bring about the reduction 

of segregation, and who live farther from the school 

to which they are assigned than the Board determines 

to be walking distance. Estimates of the number of 

children who may have to be transported have run as 

high as 10,000 or more.” 

Since February 5, estimates have been made by defendants 

that paragraph 7 would require transporting more than 23,000 

pupils rather than 10,000 to 14,000, as estimated at the hearing. 

Upon reviewing the evidence introduced since that hearing, it 

appears that these higher estimates may be based on construing 

3 the above language of paragraph 7 sO as to require an offer of 

transportation to all children who live more than 1-1/2 miles 

| from their school, including city children who are not now 

: entitled to transportation. These, according to the testimony, 

may number as many as 13,000. 

! The court regrets any lack of clarity in the order which 

: may have given rise to this interpretation. Paragraph 7 was 

1 never intended to require transportation bovond that now plro- 

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vided by law for city children who are not reassigned, nor for 

those whose reassignments are not required by the desegregation 

program. 

Accordingly, paragraph 7 of the February 5, 1970 order is 

amended by deleiing the words "attendance in any school" and 

inserting the words "reassignment to any school,” in the first 

sentence. 

This the 3rd_day of March, 

  

4 27 yy 
/ 770) / 4 44 

Kad 7L <A =, JU 7 és rliA lL, Yipee 

/ James B. McMillan 
United States District Judge 

  

  

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