Notice and Motion to Intervene as a Plaintiff in a Class Action; Complaint of Intervening Plaintiffs

     [||3a546a02-dfeb-41df-9e1d-7d92910b83d4||] Q | 

    

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IN THE 

UNITED STATES DISTRICT COURT 

FOR THE 

WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

JAMES E. SWANN, et al., 

Plaintiffs, 

VS. 

CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, 

a public body corporate; WILLIAM E. POE; 
HENDERSON BELK; DAN HOOD; BEN F. HUNTLEY; 

BETSEY KELLY; COLEMAN W. KERRY, JR.; 

JULIA MAULDEN; SAM McNINCH, III; CARLTON 

G. WATKINS; THE NORTH CAROLINA STATE BOARD 

OF EDUCATION, a public body corporate; and 
DR. A. CRAIG PHILLIPS, SUPERINTENDENT OF 

PUBLIC INSTRUCTION OF THE STATE OF NORTH 
CAROLINA, 

Defendants. 

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NOTICE OF MOTION TO INTERVENE 
AS A PLAINTIFF IN A CLASS ACTION 

Pursuant to Rule Five of the Federal Rules of Civil Proce- 

dure, as amended, notice is hereby given that George Parker, 

Ned Lyerly, Paul Kidwell, M. L. Winters, and others 

situated in the Paw Creek School District of Mecklenburg County, 

North Carolina, by their undersigned counsel, will move the 

Court on August 12, 1969, or as soon thereafter as counsel can 

be heard to intervene in the above entitled action as a matter 

of right, will move for leave to file Supplemental Complaint, 

and will move the Court to restrain the defendants from effect- 

ing so much of the defendant's administrative plan previously 

filed herein as affects Paw Creek Elementary School. 

Respectfully submitted, 

(Gey 

CIVIL ACTION 

NO. 1974 

similarly 

fei 
  

Attorney for 

Intervening Pl (Ls. 
Whitfield, McNeely and 
901 Flizabeth Avenue 

Suite 503 
Charlotte, North Carolina 28204 

WHITFIELD, McNEELY AND ECHOLS eo ATTORNEYS AT LAW 

  

Echols 

CHARLOTTE, N. C.   
 



        

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that a copy of the fore- 

going Notice of Motion was served upon counsel for the Charlotte- 

Mecklenburg Board of Education; William E. Poe; Henderson Belk; 

Dan Hood; Ben F. Huntley; Betsey Kelly; Coleman W. Kerry, Jr.; 

Julia Maulden; Sam McNich, III and Carlton S. Watkins, 

defendants; and was served upon counsel for the plaintiffs, 

by depositing copies of same in the United States Mail, postage 

prepaid, addressed to: 

Brock Barkley, Esq. 
Law Building 
Charlotte, North Carolina 28202 

William J. Waggoner, Esq. 
Weinstein, Waggoner, Sturges and Odom 
1100 Barringer Office Tower 
Charlotte, North Carolina 28202 

Gaston H. Gage, Fsq. 

Grier, Parker, Poe, Thompson, 
Bernstein, Gage and Preston 
1014 Law Building 
Charlotte, North Carolina 28202 

Conrad O. Pearson 

203 1/2 East Chapel Hill Street 
Durham, North Carolina 

Chambers, Stein, Ferguson & Lanning 
216 West Tenth Street 

Charlotte, North Carolina 

Jack Greenburg 
James M. Nabrit, III 

Norman Chachkin 
10 Columbus Circle 
New York, New York 10019 

This the 1llth day of 

      

      ttorney for ff / J 
Intervening Plaintiffs 

WHITFIELD, McNEELY AND ECHOLS eo ATTORNEYS AT LAW e CHARLOTTE, N. C.  



  

      

IN TBE 

UNITED STATES DISTRICT COURT 

FOR THE 

WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

JAMES E. SWANN, et al., 

Plaintiffs, 

VS. CIVIL ACTION 

NO. 1974 
CHARLOTTE-MECKLENBURG BOARD 
OF EDUCATION, et al., 

Defendants. 

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MOTION TO INTERVENE IN A CLASS ACTION 

Pursuant to Notice heretofore served upon Brock Barkley, 

Esg.; William J. Waggoner, Esq.; Gaston H. Gage, Esqg.; Conrad 

O. Pearson, Esq.; Jack Greenburg, Esg.; James N. Nabritt, III, 

Esqg.; Norman Chackin, Esg.; and Chambers, Stein, Ferguson & 

Lanning, Attorneys of Record for the plaintiffs and defendants 

in th above entitled action, George Parker, Ned Lyerly, Paul 

Kidwell, M. L. Winters and others similarly situated in the 

Paw Creek School District of Mecklenburg County, North Carolina, 

by and through their undersigned counsel, respectfully moves the 

Court for leave to intervene as plaintiffs herein on the ground 

that the present plaintiffs herein do not fairly and adequately 

protect the interests of the residents of the Paw Creek School 

District of Mecklenburg County, North Carolina, and for an Order 

permitting George Parker, Ned Lyerly, Paul Kidwell, M. L. Winters 

and others similarly situated in the Paw Creek School District 

of Mecklenburg County, North Carolina, to adopt the Complaint of 

the plaintiffs and file a Supplemental Complaint and other plead- 

ings; and further, counsel for intervening plaintiffs will move 

WHITFIELD, McNEELY AND ECHOLS o ATTORNEYS AT LAW ¢ CHARLOTTE, N.C, 

  

 



      

the Court for an Order restraining the defendants, and their 

servants, agents and employees from implementing the administra- 

tive plan previously filed herein regarding the operation of 

the Charlotte-Mecklenburg Schools for the academic year 1969- 

1970 insofar as it relates to the moving of mobile classroom 

units at Paw Creek Elementary School and insofar as it relates 

to the division of Paw Creek Elementary School into two physical 

plants as proposed by the defendants. 

Respectfully submitted this 12th day of Augyst, 1969.    
  

  

  

   
Attorney fo 
Intervening 
Whitfield, Hl oNeoly and Echols 

901 Elizabeth Avenue 
Suite 503 
Charlotte, North Carolina 28204 

  

WHITFIELD, McNEELY AND ECHOLS ¢ ATTORNEYS AT LAW CHARLOTTE, N. C. 

  

 



      

IN THE 

UNITED STATES DISTRICT COURT 

FOR THE 

WESTERN DISTRICT OF NORTH CAROLINA 

CHARLOTTE DIVISION 

GEORGE PARKER, NED LYERLY, PAUL 

KIDWELL, M. L. WINTERS and others 

similarly situated in the Paw 
Creek School District of Mecklen- 

burg County, North Carolina, 

Plaintiffs, 

VS. CiVIL ACTION 

: NO. 1974 
CHARLOTTE-MECKLENBURG BOARD 

OF EDUCATION, et al., : 

Defendants. 

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COMPLAINT OF INTERVENING PLAINTIFFS 

l. Plaintiffs are citizens of the County of Mecklenburg, 

State of North Carolina, and are all residents of the Paw Creek 

School District who bring this action under Rule 24 (a) of the 

Federal Rules of Civil Procedure as amended for the reason that 

thoy are so situated that the disposition of the action may 

impair or impede their ability to protect their interests and 

for the reason that the intervening plaintiffs interests are not 

adequately represented by existing parties to the action above 

entitled. 

2. That pursuant to previous Order of the Court in the 

cause the defendant, Charlotte-Mecklenburg Board of Education, 

caused to be promulgated on or about July 23, 1969, a plan pur- 

porting to be a plan of desegregation for the public school 

system of Charlotte and Mecklenburg County, North Carolina. 

WHITFIELD, McNEELY AND ECHOLS e ATTORNEYS AT LAW e CHARLOTTE, N.C, 

  

 



  

3. That the intervening plaintiffs are citizens and 

residents of the Paw Creek Flementary School District located 

within the Charlotte-Mecklenburg School System, which Flementary 

School is one of the largest plants within the local school 

system and which Elementary School has been integrated without 

incident for a period of several years. 

4. That the intervening plaintiffs are informed, believe 

and therefore allege that the defendant School Board proposes 

in its plan of desegregation to take from the Paw Creek Flemen- 

tary School eight (8) mobile classroom teaching units and to 

| place said units otherwise within the system, all according to 

its purported plan of organization. 

5. That these intervening plaintiffs are informed, believe 

\| and therefore allege that the defendant School Board proposes 

further to physically divide Paw Creek Elementary School into 

two (2) physical plants, the second of which would be operated 

  

  
    

at Woodland School, a building which has been discontinued for 

use for school purvoses, that fifth and sixth grade students 

from Paw Creek Elementary School would be bussed involuntarily 

to Woodland School to attend classes. 

6. That these intervening plaintiffs are informed, believe 

and therefore allege that the defendant School Board proposes 

to involuntarily bus fifth and sixth grade Paw Creek Flementary 

School students against the wishes of their parents approximately | 

two (2) miles from Paw Creek Elementary School to Woodland School 

over narrow, winding roads containing numerous traffic hazards | 

including five (5) railroad grade crossings, none of which are 

adequately protected by way of electric signs, signals, gates   or other warnings; by the intersection of three (3) major traffic 

arteries controlled only by wooden and metal stop signs, and | 

WHITFIELD, McNEELY AND ECHOLS ¢ ATTORNEYS AT LAW e CHARLOTTE, N. C. 

 



  

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which narrow roadway winds through an industrial area of oil 

depots, and which road carries heavy traffic from passenger 

vehicles and heavy tractor-trailer oil rigs. 

7. That these intervening plaintiffs are informed, believe 

and therefore allege that the defendant School Board further 

proposes to provide one school principal to oversee and superin- 

tend the educational processes at Paw Creek Elementary School 

and Woodland Elementary School in contravention to previous 

School Board policy and practice and sound educational practices. 

8. That the intervening plaintiffs are informed, believe 

and therefore allege that the defendant School Board further 

proposes that fifth and sixth grade students from Paw Creek 

Elementary School be bussed involuntarily from Paw Creek Elemen- 

tary School to Woodland School, and that students in the fifth 

and sixth grades will be required to provide their own transpor- 

tation to and from Paw Creek Elementary School from distances 

up to three (3) miles, in contravention of the policy and prac- 

tice of the defendant School Board and in contravention of North 

Carolina General Statute 115-183 (4), which Statute provides for 

bussing of students who live at distances greater than one and 

one-half miles from the school plant at which they attend classes. 

9. That these intervening plaintiffs are without remedy in 

law and should the mobile classroom teaching units as above men- 

tioned be removed from the premises of Paw Creek Elementary 

School and the School divided into two (2) physical plants grave 

and irreparable damage would be done to Ehass intervening plain- 

tiffs and the other parents and citizens of the Paw Creek 

School District. 

WHEREFORE the intervening plaintiffs pray the Court that 

the defendant School Board, its servants, agents and employees 

WHITFIELD, McNEELY AND ECHOLS o ATTORNEYS AT LAW e CHARLOTTE, N.C,  



  

be restrained from moving any and all mobile classroom teaching 

units at Paw Creek Elementary School, further be restrained 

from physically dividing Paw Creek Elementary School into two 

physical plants, further be restrained from involuntarily bussing 

fifth and sixth grade students from Paw Creek Elementary School 

to Woodland School, and otherwise be restrained from implemen=- 

ting any portion of plans previously proposed to the Court or 

any plans to be proposed to the Court in the future insofar as 

such plans affect Paw Creek Elementary School by the division 

thereof into two (2) or more physical plants and the involuntary 

bussing of fifth and sixth grade students therein. 

  

  

  

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Attorne: £ f/inteffrening Hlaintiffs 
Whitfield //MNcNee® and Echols 

901 Elizabeth Avenue 
Suite 503 
Charlotte, North Carolina 28204 

WHITFIELD, McNEELY AND ECHOLS e ATTORNEYS AT LAW ¢ CHARLOTTE, N., C, [||3a546a02-dfeb-41df-9e1d-7d92910b83d4||]