LDF Reception for Elizabeth Catlett, ca. 2000 - 9 of 25

    IN THE
UNITED STATES COURT OF APPEALS 

FOR THE EIGHTH CIRCUIT

No. 85-1765WM 
No. 85-1949WM 
No. 35-1974WM

KALIMA JENKINS, ET AL., 
Appellants,

vs.
STATE OF MISSOURI, ET AL., 

Appellees,

Appeal From the United States District Court for the 
Western District of Missouri, Western Division 

Honorable Russell G. Clark

Consolidated Addendum of Appellee School 
Districts And Their Superintendents: Blue Springs 
Reorganized School District R-IV, Center School 

District No. 58, Ft. Osage Reorganized School District 
R-l, Grandview Consolidated School District No. 4, 
Hickman Mills School District, School District for 

the City of Independence, Lee's Summit Reorganized School 
District R-VIX, Liberty School District, North Kansas City 

School District, Park Hill Reorganized School District No. 5 
and Raytown Consolidated School District No. 2

George E. Feldmiller 
Stinson, Mag & Fizzell 
920 Main Street 
Post Office Box 19251 
Kansas Citv, Missouri 54141 
(816) 842-8600
Liaison Counsel For The Above 
Missouri School District 
Appellees. Individual Counsel 
Appear On The Signature Pages.



IN THE
UNITED STATES COURT OF APPEALS 

FOR THE EIGHTH CIRCUIT

No. 85-1765WM 
No. 85-1949WM 
No. 85-1974WM

KALIMA JENKINS, ET AL., 
Appellants,

vs.
STATE OF MISSOURI, ET AL., 

Appellees.

Appeal From the United States District Court for the 
Western District of Missouri, Western Division 

Honorable Russell G. Clark

Consolidated Addendum of Appellee School 
Districts And Their Superintendents: Blue Springs 
Reorganized School District R-IV, Center School 

District No. 58, Ft. Osage Reorganized School District 
R-l, Grandview Consolidated School District No. 4, 
Hickman Mills School District, School District for 

the City of Independence, Lee's Summit Reorganized School 
District R-VII, Liberty School District, North Kansas City 
School District, Park Hill Reorganized School District No. 5 

and Raytown Consolidated School District No. 2

George E. Feldmiller 
Stinson, Mag & Fizzell 
920 Main Street 
Post Office Box 19251 
Kansas City, Missouri 64141 
(816) 842-8600
Liaison Counsel For The Above 
Missouri School District 
Appellees. Individual Counsel 
Appear On The Signature Pages.



PRELIMINARY STATEMENT
These districts do not believe any factual addendum is 

necessary for any party because no appellant has appealed from 
Judge Clark's findings of fact. The only applicable facts to 
these districts are those found by Judge Clark in his Order of 
June 5, 1984. Nevertheless, this Addendum is filed merely to 
show that Judge Clark's factual determinations are, to say the 
least, "plausible in light of the record in its entirety" and to 
provide a partial evidentiary rebuttal to the joint addendum 
filed by plaintiff's and KCMSD. Reference can also be made to 
defendants proposed findings of fact filed on March 21, 1985. As 
with the consolidated brief, by filing a consolidated addendum, 
these districts are not in any way agreeing that plaintiffs' 
broad-brush approach toward the districts is accurate or 
permissible.



TABLE OF CONTENTS

Page
I. EXCERPTS FROM TESTIMONY CONCERNING POPULATION

DISTRIBUTION IN THE KANSAS CITY A R E A ............. 1
A. Testimony of KCMSD's Witness Philip Olson . . 1
B. Testimony of James Anderson .................  1
C. Testimony of Frederick T. Cioffi .............  3
D. Testimony of Edward E. Fields ...............  3
E. Testimony of Gary Orfield .................... 3
F. Testimony of Gary T o b i n ...................... 4
G. Testimony of John K a i n ........................ 4

II. TESTIMONY SHOWING THE PRIMARY ROLE PLAYED BY
ECONOMIC FACTORS FOR BLACKS WHO MOVED TO KCMSD
AND PLAINTIFFS' FAILURE TO PROVE MORE THAN
TWENTY MOVES PURPORTEDLY ATTRIBUTABLE TO THE
PRE-1954 SYSTEMS OF DUAL SCHOOLS .................  5
A. Testimony of James Anderson .................  5
B. Testimony of Lucille Winkfield ...............  8
C. Testimony of Eppie L. Shields ...............  9
D. Testimony of Delmas E. G r e e n .................  10
E. Testimony of Lulu Bertelee Fielder...........  10
F. Testimony of Doyle E. Harris.................  10
G. Testimony of Wilma R. M a y ...................  11
H. Testimony of Lucy Hudson.....................  11
I. Testimony of James Anderson .................  12
J. Testimony of Guilla Mae Lobb J o n e s ........... 12
K. Testimony of John Strickland.................  13

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Page

L. Testimony of Alton B. W o o d s .................  13
M. Testimony of Anna Mae Tucker.................  13
N. Testimony of Jasper W. Brisco ...............  14
O. Testimony of Curtis Eugene M a y ...............  15
P. Testimony of James Anderson .................  15
Q. Testimony of Mary Francis Porter.............  16
R. Testimony of Daniel Levine .................... 16

III. TESTIMONY SHOWING THAT THE PROPORTION OF BLACK
STUDENTS IN KCMSD STAYED VIRTUALLY THE SAME FROM 
1881 TO 1954 AND THAT NO SIGNIFICANT "DEPOPULA­
TION" OCCURRED IN THESE DISTRICTS WHICH HAD A 
SUBSTANTIAL EFFECT ON KCMSD.......................  17
A. Testimony of James Anderson .................  17

IV. TESTIMONY SHOWING THAT WHITE STUDENTS ATTENDING 
SCHOOLS IN RURAL AREAS PRIOR TO 1954 SUFFERED 
THE SAME HARDSHIPS AS BLACK STUDENTS............. 20
A. Testimony of James Anderson .................  20
B. Testimony of W. D. R o g e r s ...................  20
C. Testimony of Lulu Bertelee Fielder...........  21
D. Testimony of Parker T. P o r t e r ...............  22

V. TESTIMONY SHOWING THAT THE NUMBER OF INTERDISTRICT
TRANSFERS IS DE M I N I M I S .........................  22
A. Testimony of James Anderson .................  22
B. Testimony of Edward Fields ...................  24

VI • TESTIMONY SHOWING THAT THE LARGE NUMBER OF 
INDIVIDUAL MOVES SINCE 1954 PRECLUDES THE 
POSSIBILITY THAT THE PRE-1954 SYSTEM COULD HAVE 
HAD ANY CURRENT SUBSTANTIAL EFFECT ON ANY SCHOOL 
DISTRICT...................................   26
A. Testimony of Gary O r f i e l d ...................  26

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Page

B. Testimony of Yale R a b i n ................... . 29
C. Testimony of Gary Orfield  ..........  31
D. Testimony of Edward Fields ...................  31

VII. TESTIMONY SHOWING THAT PLAINTIFFS1 AND KCMSD'S
MISCELLANEOUS THEORIES DO NOT REPRESENT AN
INTENTIONAL CONSTITUTIONAL VIOLATION WITH A
CURRENT SUBSTANTIAL EFFECT .......................  32
A. Testimony of Edward Fields Regarding Vocational

E d u c a t i o n ....................................  32
B. Testimony of Gary Orfield Regarding Vocational

E d u c a t i o n ....................................  32
C. Testimony of Edward Fields Regarding Racial

Composition of Faculties .....................  33
D. Testimony of Gary Orfield Regarding Racial Com­

position of F a c u l t i e s .......................  33
E. Testimony of Yale Rabin Regarding School Dis­

trict Boundaries.............................. 34
F. Testimony of Raphael Nystrand Regarding School

District Boundaries .........................  34
G. Testimony of Frederick T. Cioffi Regarding School

District Boundaries .........................  34
H. Testimony of Beth K. Smith Regarding School

District Boundaries .........................  35
I. Testimony of J. Glenn Travis (longtime KCMSD

Administrator) Regarding House Bill 171. . . .  35
J. Testimony of Ilus W. Davis (former Mayor of

Kansas City) Regarding House Bill 171 . . . .  39
K. Testimony of Raphael Nystrand Regarding House

Bill 1 7 1 ......................................  39
L. Designated Deposition of James Spainhower 

(former State legislator) Regarding the 
Spainhower Report ...........................  40

IV



Page

M. Testimony of Raphael Nystrand Regarding the
Spainhower Report ................. . . . . .  41

N. Testimony of Cleo Muller (a resident of KCMSD
when the Spainhower Report was issued) Regard­
ing Opposition in that District to the Spain­
hower Report.................................  42

O. Testimony of Edward Fields Regarding White 
Flight to Outlying Districts and Private
Schools..................... .................  42

P. Designated Deposition of Robert Goodrich
(former Board Member of the Independence 
School District) Regarding Arrangements for 
Special Education ...........................  43

VIII. EXCERPTS OF TESTIMONY BY SOME OF PLAINTIFFS'
"EXPERT" WITNESSES ...............................  44
A. Testimony of James Anderson .................  44
B. Testimony of Gary O r f i e l d .............  45
C. Testimony of Yale Rabin . .............  46
D. Testimony of John K a i n .................  47

IX. EXCERPTS OF TESTIMONY OF GARY O R F I E L D ..........  47
X. EXAMPLES OF TESTIMONY OF PLAINTIFFS, THEIR NEXT 

FRIENDS AND PLAINTIFFS' WITNESSES SHOWING THE 
PROFOUND ROLE PLAYED BY PERSONAL PREFERENCE 
IN RESIDENTIAL CHOICE ...........................  48
A. Testimony of Roy Snead (a black person) . . .  48
B. Testimony of Harold Brisco (a black person). . 48
C. Designated Deposition of Plaintiffs' Next

Friend Shelia Turrentine (a black person). . . 49

v



I. EXCERPTS FROM TESTIMONY CONCERNING POPULATION DISTRIBUTION
TN THE KANSAS CITY AREA
A. Testimony of KCMSD's Witness Philip Olson*
[16,709] Q. Were you asked this question by Ms. Keeler:

"Dr. Olson, in conjunction with the materials that are contained 
in 263" —  being Exhibit 263, as you may recall —  "and other 
literature that you have reviewed in regard to the existing 
residential segregation in cities of the United States, both in 
the North and South, have you been able to form a conclusion as 
to whether a past history of legally mandated dual schools has 
shaped the current racial composition of the Kansas City School 
District?" And do you remember giving this answer: "To my
knowledge, there is no substantial empirical evidence that would 
indicate that prior dual segregated school system in a 
metropoltan area has had any impact, measurable impact, upon the 
current segergation and integration patterns in the schools in 
the metropolitan areas in the country." Do you remember giving 
that answer to that question? A. I do, uh-huh.

k k k

B. Testimony of James Anderson
[5936-5938] Q. And I take it that you would be interested 

in finding out what particular local experts may or may not have 
said on any particular matter dealing with whether the Kansas 
City, Missouri School District is typical in terms of its racial 
content? A. And by local experts, you mean?. Q. Yeah, a local 
expert, a sociologist, a demographer, an educator. A. Oh, you 
mean a researcher. Q. Yes. A. I see. I didn't understand the 
relationship between locally. Q. You'd be interested in that 
kind of information? A. Yes. I would be interested in that 
kind of information. Q. And you would be interested in that 
kind of information if the statement was made by someone 
testifying on behalf of the Kansas City, Missouri School 
District, would you not? A. I would be interested in it 
irrespective of that. Q. Was this statement ever brought to 
your attention? To my knowledge, there is no substantial —  MR. 
LIEBMAN: Excuse me, Mr. Feldmiller, can you tell me where that's
coming from before we —  MR. FELDMILLER: Yes. I'm reading from

* Judge Clark noted this consideration of such testimony in 
regard to the dismissal of these districts. Opinion of June 5, 
1984 at 5.



a statement by a Dr. Olson, who is at the Sociology Department at 
the University of Missouri at Kansas City. Q. (By Mr.
Feldmiller) To my knowledge, there is no —  MR. LIEBMAN:
Excuse me. Can you tell me where the statement was made and the 
context? Could you tell me what you're quoting? MR. FELDMILLER: 
I'm quoting from his testimony at the HEW proceedings given on 
behalf of Kansas City, Missouri School District. . . (By Mr. 
Feldmiller) Q. "To my knowledge, there is no substantial 
empirical evidence that would indicate that a prior dual 
segregated school system in a metropolitan area has had any 
impact, measurable impact, upon the current segregation and 
integration patterns in the schools in metropolitan areas in the 
country." Was that statement brought to your attention? A. No, 
that statement was not brought to my attention. Q. Were you 
aware of that statement by that local sociologist being made? A. 
And this is Olson? Q. Yes. A. No, I was not aware of that 
statement.

k k k

[4575-4578] Q. Well, let me ask you if you would agree 
with this statement, sir, "That it is no exaggeration to call the 
growth of black population in our major cities one of the truly 
outstanding social trends of the 20th Century"? A. That's one 
of the important social changes in the 20th Century, yes. Q.
Well, wouldn't you agree with me that there is a concentration of 
black families, black residents, in central-city areas in nearly 
all of our large major cities in the country? A. Concentration 
you say? . . .  Q. And the trend has been over from 1900 
through today, the trend has been for there to be a 
concentration? A. From 1900 to 1983? Q. Sure. A. So you're 
talking about people living in a city moving inward, more and 
more concentration? Q. Yes, of black. A. Yes, they would 
become more concentrated.

k k k

[4579] Q. Let's take —  your're familiar with —  you 
mentioned Illinois. Chicago has a large number of blacks living 
in its inner city or the center part of Chicago? A. In Chicago, 
that's right. Q. And take Philadelphia, that, too, has a large 
concentration of blacks within the city of Philadelphia? A.
Yes. Q. Those just happen to be two cities from two states that

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had a lot of school districts like Missouri? A. Yes. Q. And 
neither one of those two states had a dual school system from 
1900 on. Wouldn't you agree with that? A. Yes.

k k k

C. Testimony of Frederick T. Cioffi
[10,289] Q. (By Mr. Feldmiller) Well, the concentration of 

minorities which you've observed in the northern cities, 
residentially that has occurred regardless of the fact that there 
was no prior dual school system in those —  A. Yes —  Q. 
northern cities? A. —  that there was no prior dual school 
system. Q. Thank you.

k k k

D. Testimony of Edward E. Fields
[2120] Q. (By Mr. Feldmiller) You are aware, are you not, 

sir, that there has been a movement of blacks into central city 
areas all over the country regardless of whether there was a 
prior dual school system or not, particularly in the north? A. 
Yes. . ..

k k k

E. Testimony of Gary Orfield
[14,891-14,893] THE COURT: . . . First, I'd like to get

his opinion as to whether or not the Kansas City, Missouri, School 
District with a population of 86 percent student enrollment —  of 
88 percent white and 12 percent black, whether they could have 
integrated their schools at that point, 88 percent white and 12 
percent black [in 1955]. . . A. . . .  The answer to that 
question, in my mind, is that certainly they could have done a 
great deal more than they did and they could have produced a lot 
more stable integration than they did produce, but they were 
facing a very strong, expanding system of white suburbanization 
and black ghettoization that was operating very rapidly at this 
period. Whatever they'd done, in the long run they would have 
faced the problems that all central cities are facing now of —  
almost all of our big cities with predominantly minority 
populations, whether or not they've ever done a desegregation 
plan, have gone through a process of recreation of segregated 
schools because of these forces that we're talking about that were 
already operating when they first began to design their 
Plan . . . .

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* * *

[15,360-15,361] Do you view Professor Taueber as any kind of 
expert in demography or the study of negro concentration in the 
United States? A. Yes. He is a very important expert. Q. He 
has testified for plaintiffs in various metropolitan cases, has he 
not? A. I believe that he has. Q. And have you read and 
studied his book, "Negroes —  A. In Cities? Q. —  In Cities"?
A. Yes, of course. Q. I'd like to read you part of it to see if 
you would agree with this one statement. "In the urban United 
States there is a very high degree of segregation of the 
residences of whites and Negros. This is true for cities in all 
regions of the country, and for all types of cities, large and 
small, industrial and commercial, metropolitan and suburban. It 
is true whether there are hundreds of thousands of Negro residents 
or only a few thousand. Residential segregation prevails 
regardless of the relative economic status of the white-Negro 
residents. It occurs regardless of the character of local laws 
and policies and regardless of the extent of other forms of 
segregation or discrimination." A. Do I agree with that? Q.
Yes. A. Well, as you know, that book was written about the 
period up until 1960, and that was certainly true for almost all
cities during that period . . . .

* * *

P. Testimony of Gary Tobin
[13,318-13,320] Q. Isn't it also true, Dr. Tobin, that the 

growth of the suburban areas in Kansas City during the 1950s and 
1960s was also fairly typical of most American cities? A. Well, 
let me again qualify it. The reason I put generally in that text 
and why I qualified it before is because it does depend on the 
age of the city, the region and some variables. Q. (By Mr.
German) I'm talking now the fifties and sixties, and isn't it 
true that you found in your various studies that the suburban 
growth of Kansas City in the 1950s and '60s was fairly typical of 
the suburban growth in most American cities? A. I think it 
reflects suburban growth patterns in cities like Kansas City.

G. Testimony of John Kain
[7950] Q. And, in fact, under your computations, it's 

necessary to send the 7,300 over into the state of Kansas? A. I

-4-



don't think I would exactly say it that way. My computations 
indicate that in the absence of housing market discrimination, 
there would, in fact, be 7,000 more black students —  that's an 
approximate number, I'm not stating it in precise number —  would 
be approximately 7,000 more public school students attending 
school in Kansas than there are —  than there were in 1980. I
think that's the more correct way to say it. . . . -- if there 
were no housing market discrimination, there would be fewer —  
there would be 7,239 fewer black children attending public 
schools who reside in defendant school districts. . . . THE 
COURT: We're going to break, but you've said twice that this
7,239 lived in the Kansas School District —  Missouri School 
District. THE WITNESS: They're predicted to reside in Kansas -
in Kansas City School Districts if there were no housing market 
discrimination. THE COURT: But they're over in Kansas. THE
WITNESS: Predicted to be over there. They are not there today.
Today, they reside in Missouri Defendant School Districts. The 
problem is that the Missouri Defendant School Districts have both 
many more black families and many more black students than they 
would have if there were no housing market discrimination.

k k k

II. TESTIMONY SHOWING THE PRIMARY ROLE PLAYED BY ECONOMIC 
FACTORS FOR BLACKS WHO MOVED TO KCMSD AND PLAINTIFFS'
FAILURE TO PROVE MORE THAN TWENTY MOVES PURPORTEDLY 
ATTRIBUTABLE TO THE PRE-1954 SYSTEMS OF DUAL SCHOOLS
A. Testimony of James Anderson
[4,573-4,574] Q. . . .  I think you noted that there were 

about approximately 20 moves [for school reasons by blacks] which 
you were able to verify from the outlying areas into Kansas City? 
A. To verify from the testimonies and exhibits? Q. Yes. Is 
that right, sir? A. I can't —  I don't —  Q. Does that sound 
about right to you? A. Yes, that sound about right.

* * *

[4,458] A. I can give you some statistics and some 
percentages on portions that came from the —  people that came in 
and where they came from. I can't tell you what portion of the 
Kansas City black population was determined by an in-migration 
versus what portion was determined by the growth of that 
population or the natural reproduction of that population.

k k k

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[4,460-4,461] Q. Well, may I ask you if you agree with the 
statement that he makes at page 175 of his chapter, that "from 
about World War I until 1950, half or more of all Negro farmers 
were landless tenants working for a share of the crops they 
produced. Lacking land, the tenant had no defense against 
mechanization and may find himself displaced if the landlord 
decides to operate with more machinery and fewer men. He’s 
usually the loser, too, with crop allotments and consequently 
there is less acreage to be divided among tenants." That refers 
to the period from World War I until 1950. Do you agree with 
that? A. Basically, yes.

k k k

[4,461-4,462] Q. "During the late 19th and early 20th 
centuries, the position of the Negro in farming was not static, 
although the rapidity of chance in the later years may make it 
appear so. A considerable westward movement took place as new 
lands were drained in the Mississippi Valley, including southeast 
Missouri, and cleared farther west. In certain older areas the 
role of Negroes in farming declined as final ruin came to whites 
farming along the south Atlantic states or as most Negro farmers 
gave up agriculture in the border ex-slave states, such as 
Kentucky and Missouri." Would you agree with that, as a general 
proposition? A. Generally, yes.

k k k

[5,931-5,935] Q. All right. And you would agree with me, 
wouldn't you, sir, again, that there have, no matter what weight 
you give them, there have been various factors that have affected 
migration in the Kansas City, Missouri, area between 1881 and 
1954? A. Various factors? Q. Yes. A. Yes. Q. All right. 
And one of those factors would, in fact, be World War I to the 
extent that labor was opened up in Kansas City, factories or 
whatever, that was a factor, was it not? I'm not asking you to 
quantify it, I'm just asking you if that was a factor, yes or no.
• • . A. Yes. Q. All right. Now, then, wouldn't you agree 
with me, sir, that after —  or during the World War II period, 
that was another time when blacks went to central cities, 
including Kansas City? Now, wouldn't you agree with me that that 
occurred? A. That they went to cities? Q. Central cities, 
large cities. A. Went to large cities? Q. Yes. A. In the

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World War II period, yes. Q. All right. So, we got at least 
two factors between 19 —  just taking the two world wars, that 
one could look at as bringing more blacks into the Kansas City, 
Missouri School District, you would agree with that? A. Those 
are two factors. Q. All right. And you would also agree with 
me that to whatever extent it might apply in any individual case, 
there might be some rural black out there or several rural blacks 
out there who were just tired of living on a farm or in a rural 
area and wanted to move to a larger city, including Kansas City, 
Missouri School District? Would you agree with that, sir? A. 
That there was probably some individual that was tired and wanted 
to move to the city? I couldn't disagree with that. There might 
have been some individual of that sort. Q. And there could have 
been several of those individuals. You don't disagree with that, 
do you? You just don't know how many. A. I don't know how 
many. Q. All right. And during that same time period that 
we're talking about, actually from 1881 to 1954, I take it that 
there were a lot of whites who moved into the Kansas City,
Missouri School District? A. And the areas outside. Q. Right 
now, I'm talking about the Kansas City, Missouri School District. 
A. Yes.

* * *

[4,609-4,611] Q. And speaking of young blacks, do you 
agree with this statement —  I'm talking about between 1910 and 
1930 —  the great migration brought them to the urban centers 
seeking new job opportunities? A. Would you define them? Q. 
Young blacks, 15 to 19. A. Rural farmers, rural nonfarmers, 
urban? Q. Don't know. I'm just asking you. A. Well, you'll 
have to give me —  I can't answer unless I know because if you're 
talking about rural nonfarms, I couldn't agree; urban, I couldn't 
agree; rural farms, I could agree. Q. Do you know who wrote 
that, that sentence I just read you? A. You didn't give me the 
author. Q. James D. Anderson wrote it. A. Here. That's 
correct. Q. The name of the article is "The Historical 
Development of Black Vocational Education" printed in the 
Stanford University Press. A. Uh-huh. Q. The sentence I read 
you talked about young blacks going to urban centers seeking new 
job opportunities, and you wrote that, didn't you, Dr. Anderson? 
A. And I recall great migrations should be capitalized,

-7-



referring mainly to the deep southern states, with low farm
population. That's what was known as the great migration.

* * *

[4,467] Q. Dr. Anderson, the point you made, I believe,
was that black farmers, owners, laborers, were more apt to move 
than rural nonfarm people, is that correct? A. That's part of 
the point.

* * *

[5,954] Q. . . .  But I'm just saying that there are
conditions under which, under your theory, you would expect that 
farm population to decline if certain conditions were met? A.
For —  especially for laborers, sharecroppers, and tenant 
farmers.

* * *

[5,955-5,956] Q. And again, depending on what the farm 
character of that township is, you would expect there could be a 
decline, correct? A. Depending on the economic conditions and 
conditions affecting the farm population.

k k k

[4,509] Q. Does that indicate to you that very few blacks 
owned their own farms in Platte County? A. Yes.

* * *

[4,567-4,568] Q. And it was your understanding that that
White Oak community north of the river was a farming type of 
community of blacks, was it not? A. I think I recall that from 
testimony. Q. Okay. And assuming that that was a farming type 
black area back then, you would expect there to be some decrease 
in the black population? A. It depends on whether they were 
farm owners with substantial investments in land or whether they 
were tenant farmers or farm laborers, yes.

* * *

B. Testimony of Lucille Winkfield
[525-526] Q. And what is your race? A. I guess they call 

me Negro. Q. Ms. Winkfield, where were you born? A. I was born 
in Smithville, Missouri. Q. That's in Clay County? A. Yes.

k k k

[559] Q. Now, all those families that you mentioned, the 
Stone family, the Thatcher family, the Morris family and the Gray 
family, were they all farming? A. They worked for farmers. Q.

-8-



And were they working on shares? A. No. Q. They were day
workers for farmers? A. Yes.

* * *

[561-562] Q. And what type of employment did your husband 
have at the time you moved into Liberty? A. He went to work for 
the Tarkio Feed Company over in North Kansas City. Q.
Approximately when did he obtain that employment, do you recall?
A. The same year we moved there. Q. Okay. So when you all
moved to Liberty, he had left his job on the farm? A. There was
no farms to leave because everybody had done gone broke and was 
working for 75 cents and something like that a day. So, okay, 
there wasn't nothing else for us to do but to get out.

k k k

C. Testimony of Eppie L. Shields
[380-381] Q. Where were you born, Mr. Shields? A. I was 

born in Clay County, known as White Oak. Q. And how long did you 
live in White Oak? A. I lived out there until I was 22 years 
old.

k k k

[451] Q. Your dad, I take it, was a farmer, Mr. Shields?
A. Yes, sir. . .. Q. I'm sorry. When you say farmground, was he 
renting or on shares? A. He was raising it on shares, half the 
crop. Q. So he was sharecropping various farms in that area? A. 
That's correct. Q. Is that also true for some of your black 
neighbors up there, did they also —  A. Sharecrop —  Q.
Sharecrop? A. There possibly could have —  there was. Q. Were 
most of the black people in that area engaged in farming? A. Was 
farm work.

k k k

[452] Q. —  on other farms around there. Is that area 
today pretty much developed suburban area? A. It is.

k k k

[454] Q. So when the land was taken out of sharecropping, 
there wasn't enough land available for the previous sharecropper 
to make a living, isn't that true? A. If there was as many of 
them out there at the time. But when the development started out 
there, why, it practically wasn't any sharecroppers left out there 
at that time. Q. The black sharecroppers had already left at 
that time? A. They had left.

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* * *
D. Testimony of Delmas E. Green
[869] Q. (By Mr. Benson) Mr. Green, after you finished 

elementary school in Plattsburg, completed the eighth grade, 
where did you go to high school? A. High school in Kansas City.

* k *

[874] Q. What year approximately did you complete school 
at Lincoln? A. '22, '3, '4, somewhere. Q. Okay. A. Rough
guess. Q. And what did you do after that? What have you done 
as your life's employment? A. Well, I worked in a garage, 
serviceman to Chevrolet and Olds. Q. Was that in the Kansas 
City area? A. No, that's in Plattsburg, Missouri. Q. So, you 
went back to Plattsburg? A. Went back to work.

k ir *

[876] Q. That whole area up there in that part of Missouri 
at that time, that was all very much rural, I take it, farming?
A. All farming.

* * *

E. Testimony of Lulu Bertelee Fielder
[260] Q. Thank you. And am I correct from your testimony 

yesterday that you live on Prather Road in North Kansas City. A. 
On Prather Road, Kansas City North. Q. Okay. And am I correct 
from your testimony yesterday that you were born on Prather Road. 
A. Yes.

k k k

[331] Q. The area out in White Oak at that time, was that 
sort of farm area? A. Yes, it was. Q. It was a rural area, 
then, I take it? A. Yes. Q. There weren't a lot of fancy
subdivisions or anything out there at that time, was there? A.
No. Q. Do you know whether there was —  what was the primary 
occupation of the people which you knew —  A. Farming.

k k k

[333] Q. Do you remember the bad times that hit the farmers 
in the early '20s and '30s in the area around Kansas City? A. Do 
I remember them? Q. Yes. A. Yes.

k k k

F. Testimony of Doyle E. Harris
[1,103] Q. Now, as I understand it, Mr. Harris, when you 

returned, you did after graduating from high school return to

-10-



Plattsburg, is that right? A. That's right. Q. And when you 
returned to Plattsburg, it still was basically a farming 
community, is that right? A. That's right. Q. And basically 
the only opportunities there was farm work, but you still would 
return to Plattsburg if you had found some opportunity for work? 
A. Sure, if there was an opportunity for work.

k k k

[1,106-1,107] Q. Let's talk about the middle forties then, 
because that's the time you should be familiar with. Isn't it 
true that in the middle forties job opportunities for blacks were 
limited in Plattsburg, the number of them? A. I don't know 
whether they were limited, but the only thing that was there was 
farm work that I know of.

* * *

G. Testimony of Wilma R. May
[1046-1047] Q. Mrs. May, what year did your dad and mom 

move down here to Kansas City? A. Let's see. This was during
the war years. I think they —  '43, I think they came in '45, 
sir. Q. During the war? A. Uh-huh. Q. And did your dad take 
a job down here someplace in Kansas City? A. Yes. ... Q. Up 
until that he had been up in Plattsburg and he had been 
sharecropping, is that right? I mean he was a farmer, is that 
right, your dad? A. Yes. He worked for the farmers, yes. I 
don't know about sharecropping.

k k k

H. Testimony of Lucy Hudson
[571-572] Q. Okay. And how long did you live in Excelsior 

Springs area? A. I lived in Excelsior Springs area until 1922. 
Q. And then where did you move? A. To Detroit, Michigan. Q. 
All right. And when did you come back? A. 1967.

k k k

[595] Q. And you moved to Detroit then? A. No, I went to 
Carrollton. Q. Carrollton, Missouri? A. Yes. Q. And why did 
you go to Carrollton? A. That's where my husband was from. He 
went home and he couldn't get a job there. We was there only a 
few months and we went on to Detroit. Q. Went on to Detroit 
from —  a . To get work in the factories because Ford was paying 
m°re and all of that. Detroit was paying more.

k k k

-li-



[600-601] Q. And you observed that a number of other black 
people from the South also came to Detroit about that time? A. 
Everybody came to Detroit at that time from all over. You could 
go down to the station and sit there and watch them come in. Q.~ 
Because there was —  go ahead. A. Because the factories were 
paying more money, Ford and General Motors and all those 
factories was paying more money and, naturally, you want to make 
a better living. Q. So there was better work available. A. 
Better work available and more work available because they was 
recruiting people from all over the United States to come into 
Detroit to work in the factories. Q. —  then there was in the 
rural area where you came from, is that right? A. They were 
from all over.

* * *
I. Testimony of James Anderson
[4,605] Q. . . .  I assume you use that to decide that jobs 

were not a factor because they had pretty much the kind of jobs 
where people don't move around during that period of time, is 
that right? A. I didn't say that jobs were not a factor.

•k k *

J. Testimony of Guilla Mae Lobb Jones
[904] A. As I say, I would not go back to the farm at that 

time because there wasn't a chance for social activity on the 
farm in that era.

k k k

[901] Q. Did your brother Lawford, after he finished his 
education and grew to manhood, did he stay out on the farm? A. 
Yes. He stayed there until the family moved to Detroit after 
they had lost the farm. Q. How did they —  withdraw that. A. 
Mortgage had been foreclosed.

k k k

[905] Q. Did you ever think of moving with your children 
to the farm? A. No. Q. Why? A. Because my husband was not a 
farmer.

k k k

[906] Q. Was the fact that your children could not get an 
education at a nearby school one of the factors which led you not 
to go back to that farm? A. My husband was not a farmer.

k k k

-12-



[909-911] Q. Mrs. Jones, when your husband, Sterling, came 
up here from Arkansas, did you say he came up here with his 
family? A. Yes. Q. Do you know the reason that his family 
came up here from Arkansas? A. No. They came different places 
for different reasons. I do know that they came. Q. To work up 
here, I suspect, around World War I. A. Yes, I assume. Being 
poor they wanted to work somewhere . . . Did I understand you to 
say that you did move to the Detroit area in about 19 something?
A. Yes. Q. When did you move to Detroit? A. I moved to 
Detroit in 1929. My husband in 1928. Q. Your husband left the 
year before you did to, I guess, get a job? A. Yes. To try to 
get somewhere for us to live. Q. And then you followed a year 
later? A. Right. Q. At that time were there a lot of black 
families moving into the Detroit area from the southern or rural 
areas of the country? A. There was. Of course, that's a matter 
of record.

k k k

K. Testimony of John Strickland
[1,311-1,312] Q. As I understand your testimony, and you 

get to tell me if I'm wrong, the experience you had of busing in 
to school in Kansas City, when that was all done, that did not 
cause you to move into Kansas City, did it? A. Well, actually, 
you know —  MR. SHAW: Your Honor, if I may object. I don't
believe that he testified to anything to that effect. THE COORT: 
Well, the objection is overruled. A. Well, at that particular 
time there wasn't any jobs available in Independence, and so there 
was only one recourse, that was to move to Kansas City at that 
particular time. I was in Independence and I had a job in Kansas 
City. So I had to get up extra early in the morning to drive in 
the winter months to Kansas City. So it was necessary, you know, 
and more economical that I live in the city where the job was.

* * *

L. Testimony of Alton B. Woods
[1,252] Q. And when you came to Lee's Summit, where did you 

come from? A. Arkansas. Q. And had you lived in the Missouri 
area before? A. No.

k k k

M. Testimony of Anna Mae Tucker

-13-



[676-677] Q. Now, when you lived in Excelsior Springs, you 
knew a lot of the black people in Excelsior Springs, didn't you, 
and the black people you knew lived in one area of the town, 
didn't they? A. Mainly. Q. Some are still up there, I take
it? A. Yes. Q. Now, Ms. Tucker, you don't know any blacks, do
you, who actually moved from Excelsior Springs to Kansas City in 
order to go to school, is that correct? A. No. Q. You don't 
know any? A. I don't know any. Q. And you don't know any 
blacks who moved from Excelsior Springs to Liberty to go to 
school either, do you? A. No. Q. To your knowledge, Mrs.
Tucker, were there any blacks who moved to Kansas City, Missouri,
because of having attended school in Kansas City while they 
resided in some suburban district? A. Most of the families that 
moved to Kansas City after graduation or whatever, they moved, 
you know, after their graduation but not just because they knew 
someone up here. Q. They moved for a job or something? A. A 
job. Q. Because they got married? A. Yes. Q. A job or got 
married, something like that. You don't know anybody, though, 
who moved to Kansas City simply because they had gone to school 
in Kansas City, do you? A. No.

■k k *

[689] Q. Your children I believe went to school in the 
Independence public schools, is that right? A. Yes. Q. And 
they got a good education in those schools, didn't they? A.
Yes. Q. They were not treated unfairly because of their race, 
either in school or out of school, were they? A. No, not that I 
know of. Q. And today your grandchildren are in school in 
Independence public schools, aren't they? A. Yes. Q. Bryant 
School, I believe? A. Bryant. Q. And there are other black
children in their classes, isn't that right? A. Yes.

* * *

N. Testimony of Jasper W. Brisco
[1,720] Q. Were you familiar with her three children's 

education at Chrisman High School [in the Independence School 
District]? Say that again, please. Q. The three children by 
your third —  your third wife's three children. A. What was your 
question? Q. Were you familiar with their education at Chrisman 
High School? A. Yes, we were very close. Q. You followed it?

-14-



A. Yes. Q. Did you think they got a good education? A. I 
think so.

* * *

[1,724-1,725] Q. (By Mr. German) Now, Mr. Brisco, some 
black people moved into the Independence area in the 1940s, didn't 
they? A. Well, I imagine so. Q. Okay. A. I'm pretty sure 
they did. Q. And others have moved in since that time, haven't 
they? A. I'm pretty sure of that, too.

k k k

[1.726] Q. (By Mr. German) Okay. Mr. Brisco, in the 1940s 
and early 1950s isn't it true that a lot of black men worked in 
the packing houses in the Kansas City area? A. I couldn't answer 
that. I don't know where they worked. Q. Well, do you recall 
your deposition being taken last July? A. Yes. Q. And do you 
recall at page 27, Mr. Brisco,- these questions and answers being 
asked: "Question: What about manufacturing jobs? Answer: Well,
they had some. A lot of them worked in Kansas City because of the 
packing houses. There were a lot of them that worked in Kansas 
City at the packing houses." Do you recall that testimony? A.
Yes, I do.

k k k

[1.727] Q. Do you recall the process of integration in the 
Independence schools after the Brown decision in 1954? A. If my 
recollection is correct, Independence did immediately go right 
into complete integration. Q. It did? A. They did go into 
complete integration. Q. And there were no racial incidents, 
were there, that you can recall when the Independence system was 
integrated at that time? A. Not to my knowledge.

k k k

O. Testimony of Curtis Eugene May
[1071] Q. I haven't counted all these folks up, but I 

think what I'm counting is all of your 16 brothers and sisters, 
all but four still live in Plattsburg or Lathrop in that area?
A. Yeah.

k k k

P. Testimony of James Anderson
[4,569] Q. Now, based upon your experience with the 

southern type situation, you would expect the black population in 
a smaller rural town to remain fairly stable over time, is that

-15-



correct? A. I would expect, given the research on migration and 
the characteristics of the populations, I would expect a black 
rural nonfarm population, a small town population to remain 
stable or increase over the 1900 to 1950 period. Generally 
that's what I would expect.

* * *

[4,570] Q. Do you recall, sir, if I suggested to you that 
the black population in the city of Independence has been very —  
generally very steady over this period of time we're talking 
about, you would agree with that, wouldn't you, sir? A. Much 
more so than in many other areas in the three-county area.

k k k

Q. Testimony of Mary Francis Porter
[754] Q. Mrs. Porter, what was your father's occupation?

A. Farmer. Q. And where did he work? A. On the farm that my 
grandparents owned. Q. Did your father own any of that land 
when he came to manhood. A. Yes, he did. Q. What products were 
grown on that farm? A. Mostly corn, wheat, vegetables, fruit, 
livestock.

k k k

[796] Q. At that point when your father's —  the property 
where your father was living was taken, what did he do at that 
point? A. He started —  he went to Liberty, Missouri to work.
Q. And where did he work there? A. He worked for someone who 
owned a farm there. Judge Kyle, I believe. Q. Why didn't your 
father move back to Independence with the family? A. Because he 
is a farmer, and that was his occupation.

k k k

R. Testimony of Daniel Levine
[16509-10] Q. Do you agree that "the rapid increase which 

nearly doubled the Negro population of Kansas City in the period 
that began with World War II (from 41,574 in 1940 to approxi­
mately 83,740 in 1960) was caused primarily by the large-scale 
in-migration of rural Negroes from the Deep South and from the 
border states"? A. Together with the high birth rate.

* * *

-16-



HI. TESTIMONY SHOWING THAT THE PROPORTION OF BLACK STUDENTS IN
KCMSD STAYED VIRTUALLY THE SAME FROM 1881 TO 1954 AND THAT
NO SIGNIFICANT "DEPOPULATION" OCCURRED IN THESE DISTRICTS
WHICH HAD A SUBSTANTIAL EFFECT ON KCMSD
A. Testimony of James Anderson
[4,625] Q. Okay. Now, moving from 1881 to 1900, we see, 

do we not, that the actual numbers of blacks in Jackson County 
outside of Kansas City does increase slightly from 600 to 665?
A. Yes. Q. Yet the blacks within the Kansas City, Missouri, 
School District more than doubled . . .  to 5,248? A. Yes.

* * *

[5957] Q. Okay. Now, you talked a lot about student 
enumeration, and you understand, sir, that from the State records 
that student enumeration is from the ages six to twenty, correct? 
A. Correct.

* * *

[5,299-5,300] Q. Then, it's also true, is it not, if these 
figures are correct, that in the entire period between 1881 and 
1954, the black enumeration percent, although it goes up and 
down, finally ends up at a figure which is only .4 of 1 percent 
greater than it was in 1881 within the Kansas City, Missouri 
School District? A. For school enumeration, yes. Q. That's 
correct? A. Uh-huh.

k k k

[5,931-5,935] Q. All right. Now, regardless of the 
depopulation or no depopulation in the outlying three-county 
area, according to your Exhibit 53-E, the proportion of blacks 
enumerated in 1954 compared to the white enumeration within the 
Kansas City, Missouri School District is virtually the same as it 
was in 1881, correct, 14.0 in 1954 and 13.6 in 1881? A. School 
population, you're talking about? Q. Yes, school population.
A. And that's what? Q. 1954, it's 14 percent; 1881, it's 13.6 
percent, correct? A. Yes. I haven't located the table, but 
recall that that's correct.

* * *
[4,506-4,507] Q. Now, if you assumed that all of the 

people by which the population of the three-county area decreased 
moved to Kansas City —  A. Yes. Q. —  the black —  the 
increase in the black population in Kansas City in that fifty 
year period has to be accounted by a lot of migration from other

-17-



areas, is that correct? A. I don't know how much of it -- in 
other areas than just the three-county area, is that what you're 
asking? Q. No, the three-county area. A. Yes, the migration 
must be accounted for other than the three-county area, yes, a 
good portion of it, yes. Q. And of the people who actually 
moved out of the three-county area, we don't know how many of 
them moved to Kansas City even, do we? A. No, we don't know how 
many. Q. Has your research generally indicated to you that a 
number of people during the 1900 to 1950 period moved to such
cities such as Detroit and Chicago? A. Yes, both.

* * *

[4,573-4,574] Q. Well, from checking your figures can you 
tell me whether the black population decreased from roughly 1930 
to 1960 in the areas covered by the defendant school districts in 
Platte, Clay and Jackson County by about 500, 550 and that the 
increase in the number of blacks in the Kansas City, Missouri, 
School District was approximately 45,000? A. Well, I thought 
you were dealing just with population figures. Q. Yes. That's 
right. Just population. A. Not students? Q. That's right. 
Population. A. So in both areas you're looking at population?
Q. Yes. A. Yes.

•k * *
[5942-5945] Q. Well, do you have —  take a look at Platte 

County for the year 1900. A. Okay. Q. Scratch that. It's 
Clay County. I'm sorry. A. Clay County for 1900. Q. Now, 
looking at the Fishing River Township -- A. Uh-huh. Q. 
which is right over here (indicating) on the eastern side of Clay 
County, in the year 1900, according to my figures, there were 188 
blacks there, is that correct? A. Yes. Q. And in 1910, there 
were how many blacks? A. Two hundred seventy-seven. Q. All 
right. So there was an increase? A. Yes. Q. So there wasn't 
any depopulation in earnest going on in Fishing River Township 
between 1900 and 1910? A. No, not for that particular township. 
Q. Okay. Now, breaking it down somewhat finer, would you agree 
with me that in 1900 the town of Excelsior Springs had 126 blacks 
and in 1910, it jumped up to 222 blacks? MR. LIEBMAN: Mr.
Feldmiller, just for clarification, is this population generally 
or school population? MR. FELDMILLER: This is from the census.
People. ... Q. You did go down to the town level, then? A.

-18-



For some ■—  yeah, there was some data on selected towns, yes. Q. 
While you are looking for that, Excelsior Springs is one of the 
urban places in Clay County, was it not? A. Yes. Q. Let me 
just show you a document which I got from Mr. Rabin, who is also 
one of the —  A. Okay. Q. —  plaintiffs' experts. And if 
you'll look under Clay County, for 1910, it shows that the City 
of Excelsior Springs had 222 blacks? A. Right. Q. Okay. And 
back in 1900, the City of Excelsior Springs had 126 blacks, 
correct? A. That's correct. Q. You might just keep that. It 
might help you a little bit. Now, I do not have a figure and 
neither did Mr. Rabin for the black population of Excelsior 
Springs as a city in 1920. But for 1930, there were 274 blacks 
in Excelsior Springs? A. Yes. Q. So that was an increase, 
again, from 1910? A. Yes. Q. Now, then, from 1930 to 1950, 
the town of Excelsior Springs was basically stable in its black 
population. Does that accord with your recollection? A. That 
does.

k k k

[5947-5950] Q. Okay. So at any rate, you would agree with 
me that this Fishing River Township in Excelsior Springs, there 
was really not any kind of a depopulation of the rural non-farm 
area from the -- or population from the 124 figure in 1900 -- A. 
One hundred eighty-eight. Q. Or 188, I'm sorry —  in 1900 up to 
1950 when it was 256? A. Right. Q. Or 278, I'm sorry. A. 
Right. I would agree with that. That is a percent increase, not 
a percent gain —  I mean a percent loss. Percent gain. Q. All 
right. So Fishing River really doesn't fit your [depopulation] 
theory, then. Let's go to the Liberty Township . . . Now, 
looking again at Liberty, 1900, how many blacks were there? A. 
Liberty Township. I'm looking at now. Q. Yes. A. Four 
hundred ninety-seven. Q. And how many in Liberty itself, the 
town? A. 1900, 497, right? That's the township. For Liberty, 
358. . . .  a . Three hundred fifty-eight? Q. Just taking
Liberty as a city. A. Uh-huh. Q. Okay. It was 358 in 1900 
and it jumped in 1910 to 475, correct? A. Yes. Q. All right. 
Then, in 1920, it, in fact, did decrease to 421, correct? A.
(The witness nodded his head.) Q. Now, I believe you indicated 
that one of the things that you saw was a constant decline. Now, 
the next census in 1930 it had jumped back up to 496, correct?

-19-



A. Yes. Q. Now, again, Liberty as a city —  and you would 
agree with me that that is a non-farm area? A. Yes. Q. Okay. 
The black population of Liberty actually increased again from 
1900 up to 1950, went from 358 to 407. Would you agree with 
that? A. Yes.

•k k k

[5,316] Q. You used Exhibit 51 to testify concerning the 
physical movement of blacks in the three-county and in the Kansas 
City area, did you not? A. I used it to demonstrate the decline 
of the population —  population changes in the three-county area 
and in the city. Q. But you looked at that and concluded 
something about the movement of blacks, physical movement of 
blacks, did you not? A. Yes. The depopulation in Clay and 
Platte and Jackson outside of Kansas City. Q. If Kansas City 
annexed land with blacks living on that land during the course of 
this period, the three-county area, less Kansas City, would show 
a loss of blacks in Kansas City again without any —  having 
actually physically moved, isn't that true? A. That would be 
correct.

k k k

[5,317-5,318] Q. You don't know how many blacks were in 
that area that was annexed in 1909, do you? A. No, I do not.

k k k

[5,319-5,319A] Q. And if it was annexed on January 1,
1950, it would be before the 1950 census was taken, would it not? 
A. That's true.

IV. TESTIMONY SHOWING THAT WHITE STUDENTS ATTENDING SCHOOLS IN
RURAL AREAS PRIOR TO 1954 SUFFERED THE SAME HARDSHIPS AS
BLACK STUDENTS
A. Testimony of James Anderson
[4,547-4,548] Q. Isn't it true, generally, Dr. Anderson, 

rural schools in Missouri during this period of time were 
generally of poor quality? A. As a group, the rural schools 
were poorer quality than the urban schools. Q. But isn't it 
generally true that in the rural areas there were one-room 
schoolhouses for both blacks and whites? A. That's generally 
true. There were many one-room schoolhouses.

k k k

B. Testimony of W. D. Rogers (a white person)

-20-



[343] Q. Mr. Rogers, what is your birth date? A. February 
the 16th, 1898.

•k k *

[348] Q. I'm sorry. What was the race of students who
attended the school that you attended? A. Caucasian, white.

* * *
[372] Q. And do I understand correctly that had you gone on 

to high school, since there wasn't a high school in the Big Shoal 
District, that you would have had to have gone to high school in 
some other school district, is that right? A. Smithville,
Liberty, Kansas City. Q. You've given some testimony about a 
number of black families in the area where you lived and testified 
that they had a number of children. Did any of those children or 
families move to Kansas City to go to school? A. Not to my 
knowledge.

k k k

[378] Q. And, sir, you said that the high school education 
opportunities for you was either Liberty, Smithville or Kansas 
City; is that correct? A. Right. Q. And with the
transportation at the time it would have been necessary, if you 
wanted to go to high school, you would have gone to Kansas City to 
live? A. Right. Q. Or Liberty to live or Smithville to live?
A. Right.

* * *
C. Testimony of Lulu Bertelee Fielder
[247-48] Q. And could you state your birth date. Ms. 

Fielder, your birth date? A. Birth date is May the 11th, 1899.
* * *

[335-336] Q. Was there white people that lived in the 
Prather area? A. All of them were white. We were the only 
black. Q. Did —  was there a white school in that Prather area? 
A. No. Q. Those people, then, had to go —  some white kids had 
to go somewhere else to school, didn't they? A. Yes. Q. In 
fact, out in rural areas during that time there just wasn't too 
many schools for white or blacks were there? A. No. Q. And I'm 
sure you knew of some white students that had to go into the 
cities to live with their families to go to school, didn't you?
A. Well, I guess they did. Q. If they got an education —  A.
If they got an education.

-21-



k k k

D. Testimony of Parker T. Porter (a white person)
[732-733] Q. It wasn't unusual —  A. No. Q. —  for 

youngsters your age not to go to high school back then? A. No, 
it wasn't. Q. In fact, an awful lot of boys raised in rural 
areas didn't go to high school back in those days, did they, 
isn't that right? A. Sure. Q. They went back home, went to
work on farms, isn't that right? A. Uh-huh, that's right.

* * *

[738-39] Q. You attended grade school at the Sunnyvale 
School? A. Mm-hmm. Q. Is that right? A. Mm-hmm. Q. How 
many rooms did that school have, sir? A. How many what? Q. 
Rooms. A. Well, it was, I remember, when I went there it wasn't 
but one big room. Q. All right. How many teachers? A. Just 
the one teacher. Q. And you had one through eight grades there? 
A. No. The ones that taught all the grades there. Q. All 
right. And you went to school there for the first grade to the 
eighth grade; is that right? A. Uh-huh. Q. And that one year 
you went into Blue Springs, how far did you live from Blue 
Springs High School? A. Oh, probably three or four miles. Q.
How did you get in that one year to school? A. Well, at that 
time you didn't have any buses that you could go out and stuff 
out. You had to either walk, ride or drive or ride a bicycle or 
any way to get there. Q. And how did you get there, sir? A. I 
drove a horse and buggy.

* * *

V. TESTIMONY SHOWING THAT THE NUMBER OF INTERDISTRICT TRANSFERS 
IS DE MINIMIS
A. Testimony of James Anderson
[4.557] Q. I count up from 1900 to 1954 that you've got 

approximately 605 transfers. Would you quarrel with that number? 
A- In this? Q. Yes. A. No. Q. Does that sound about right 
to you, sir? A. Yes. Q. Now, out of those transfers, as I 
calculated them, there were 251 from current defendants. Would 
you quarrel with that approximation? A. No.

* * *

[4.558] Q. Then out of that 354, there are 93 from other 
entities to the Kansas City School District that are not

-22-



defendants. Would you agree with that approximate figure? A.
Oh. Yes. Q. So, out of the 605 transfers, examples which you 
were able to find, approximately 261 don't even involve the 
Kansas City, Missouri, School District. You would agree with 
that, wouldn't you, sir? A. Yes.

k k k

[4,559-4,560] Q. Now, taking the 251, or thereabouts, 
which do involve the Kansas City, Missouri, School District over 
a 54-year period that would average —  again, if my math is right 
—  about 4.6 per year. Would you agree with that? A. That's 
about right. Q. And did you, sir, make any kind of 
determination as to how many black students actually went to 
Kansas City, Missouri, schools from 1900 to 1954? A. Couldn't 
quantify it. Q. And, in fact, there probably would be more than 
25,000, wouldn't there? A. Through the whole period? Q. Yes.
A. Yes. Q. Now, out of the 251 transfers that did involve the 
Kansas City, Missouri, School District, the bulk of those, 
somewhere over a hundred, I believe, occurred after 1945 when 
Independence closed the Young High School. Would you agree with 
that? A. I don't recall the exact figure but —  roughly, yes.
Q. And one year the students from Liberty, in the year '53-'54, 
their particular high school in Liberty had been closed and those 
students transferred down for about a year? A. Yes. Q. Isn't 
that your understanding? A. That's my understanding.

k k k

[5959-5965] Q. Now, in regard to the number of transfers, 
sir, which you have described, oh, the examples which you came up 
with, the 600 or some-odd examples, about 45 of those were 
actually from the state of Kansas, isn't that correct? A. I 
think so. Q. . . .  You did not find any transfers involving 
the Grandview School District, did you? A. I don't recall. I 
don't think so. I think you're correct. Q. Okay. And you 
don't recall there being any black community located in the 
Grandview, Missouri, School District, either, do you? A. In the 
district? Q. Yes, prior to '54. A. I couldn't locate it 
within the district, just in the area. Q. And the only 
transfers which you could possibly relate to the Fort Osage 
district related back to the year 1910, would that be correct?
Do you recall that? A. I think that's correct. ... Q. Now,

-23-



in the North Kansas City —  and actually for the Fort Osage, that 
was not for the present Fort Osage district, but that was for the 
old Sibley district or another smaller district out in the 
present Fort Osage district, is that correct? A. It's contained 
in the area, yes. Q. Now, in the North Kansas City School 
District, from 1900 to 1954, isn't it correct that you found 
about fifteen or so transfers? A. In the document? Q. Yes.
A. I think that's probably about right. Q. And you found about 
—  and that goes back —  in each one of those instances, the 
North Kansas City School District actually paid transportation 
and —  at least tuition, or transportation and tuition? A. I 
think so. Q. (By Mr. Feldmiller) Now, from White Oak area, you 
may have found another two or three persons who transferred down 
to go to the Kansas City, Missouri, School District, would that 
be correct? A. Yes. Q. And from the Lee's Summit area, again, 
you found from 1900 to 1954 you found about twelve to fifteen 
transfers again, wouldn't that be correct? A. I think that's 
correct. Q. From 1900 through 1954, the number of black 
children who would have gone through, who attended the Kansas 
City, Missouri, School District, would be from twenty-five to a 
hundred thousand —  closer to a hundred thousand. Would you 
agree with that? A. Certainly above twenty-five, but I —  yes, 
substantially above twenty-five.

* * *

B. Testimony of Edward Fields (Former Black Teacher and 
Administrative Officer at KCMSD from 1945-1978)

[2042-2047] Q. I have here, let me just show it to you, if 
I might, a copy of a portion of a State of Missouri record called 
101st Report of the Public Schools for the school year ending 
June 30th, 1950. This is a report that the State of Missouri 
turns out. Sir, I'll draw your attention to the Kansas City 
portion of it and ask if reviewing that, if that kind of 
refreshes your recollection as to what the enrollment was of the 
Kansas City, Missouri School District at that time for the school 
year ended June 30, 1950? A. The total enrollment according to 
this document is 47,286. Q. And that's the white enrollment; 
isn't that correct? And then right below it it has a black 
enrollment of about 8,828. A. . . .  8,828, I believe that is.
Q* . . . Now, out of those 8,828 black students at that time, a

-24-



form does contain on it, doesn't it, some indication of the 
nonresident number of pupils that are in attendance there. It's 
under two columns. A. Under high school nonresident? Q. Yes. 
How many was it for black nonresident at that time? A. I 
believe it's either a three or a five. It's either 39 or 59. Q. 
Okay. And then for elementary, does the figure eight show there 
for nonresident black students or colored as the form says? A. 
Nonresident black students, that looks like elementary, I 
believe. Q. Actually, I've added those figures up. It is a 
little hard to read that fine print. I believe that is a 36 
figure rather than 56 figure for high school. But just assuming 
that it would be 50, that would be roughly about 60 total 
nonresident black students in 1950; is that correct? A. That's 
correct. Q. Now, out of the 8,828 blacks that were there at 
that time, my math isn't very good, but that is about one half of 
one percent of the black students in the Kansas City, Missouri 
School District at that time were nonresidents? A. One percent 
would be about 88.8. And that would be roughly about half, 
five-tenths of one percent. Q. Now, for the year, school year 
ended in June 30, 1954, you probably don't remember right off the 
top of your head what those figures are, so let me just show you 
another state report for that period, and see if that helps you 
out any on the year ended June 30, 1954, what the enrollment of 
the district was shown on that state report. A. The enrollment 
of the district, could I look at the two of them together?

* -k *
Q. Well, again, would you agree with me that there were roughly
53.000 white students in the district at that time?

* * *

Q. (By Mr. Feldmiller) Just accepting that figure of that I'm 
about to give you for the enrollment of black students of about
11.000 black students at that time? A. That's correct. Q. So, 
there would be roughly 64,000 students in the Kansas City 
district as of the year, school year ended June 30, 1954. Does 
that basically accord with your recollection? A. This would 
show some 66,000 plus. Q. Now —  A. Or I'm sorry, I guess 
that is a 53. Q. Yes. It would be about 64,000. A. Yes.

* * *

-25-



q. If that particular report that you have indicated there were 
approximately 65 nonresident black students, would that accord 
with your best recollection at this time [1954] as to how many 
nonresident black students there were? . . . Q. If you do accept
those figures, and then would you agree with me again that again 
is less than one percent of the total number of —  substantially 
less than one percent of the total number of black students in 
the Kansas City, Missouri School District for the year ended 
June 30, 1954? A. That's correct.

* k k

[2057] Q. In other words, if I understand what you said, 
to your knowledge, that practice [of educating non-resident black 
students] stopped with possible isolated exceptions of students 
finishing his or her school year at Lincoln? A. That's correct.

k k k

[2052] Q. So what happened there, then, if I understand 
what you just said, from '54, for the year after 1954, the year 
after the Brown decision, there was an —  up through 1959 there 
was an increase in the number of black students by a fairly large 
amount? A. That's correct. Q. Of 6,000 students? A. That's 
correct. Q. And, in fact, the enrollment of the black 
population in the Kansas City, Missouri School District increased 
even more thereafter, didn't it? A. Yes, it did.

k k k

[2084] Q. "Question: Dr. Fields, do you believe that the
[intradistrict] transfer policies [within KCMSD] as they existed 
in 1955 contributed to the racial imbalance of schools today in 
1976, 21 years later? Answer: Oh, definitely not. We can't
expect the numbers of children who were involved at that time to 
still be a part of our district nor the families at that time to 
still have children of school age." Do you recall the answer 
that you gave? A. Yes. Q. Do you still agree with that 
answer? A. Yes, I do.

* * *

VI. TESTIMONY SHOWING THAT THE LARGE NUMBER OF INDIVIDUAL MOVES
SINCE 1954 PRECLUDES THE POSSIBILITY THAT THE PRE-1954
SYSTEM COULD HAVE HAD ANY CURRENT SUBSTANTIAL EFFECT ON ANY
SCHOOL DISTRICT
A. Testimony of Gary Orfield

-26-



[15,373-15,374] Q. Well, would you agree with me at least 
then, sir, that there is a fragmented system at work in the 
housing field? A. Oh, absolutely. Q. And that there are 
literally hundreds of thousands of participants making decisions 
in that —  A. Yes. Q. —  housing market? A. I wouldn't be 
surprised if you are quoting me again. Q. That is right. Would 
you agree with that, sir? A. Yes, of course. Q. And the 
presence of these multiple decision-makers out there in the 
housing field, that has been written and discussed in scholarly 
articles from time to time? A. Of course.

* k k

[15,375-15,376] Q. Well, would you agree with -- I think 
you have already indicated in your direct examination that the 
average family moves every six years or so, isn't that correct?
A. Yes, that's right. Q. And actually, in central cities, 
haven't you found that the turnover occurs every couple of years? 
A. In some parts of central cities it's more frequent. Q. Did 
you make any study of that in Kansas City specifically? A. No.

k k k

[15,376-15,377] Q. So in your direct testimony when you 
said that many people —  we know that many people move, you don't 
know how many in Kansas City have not moved, isn't that correct?
A. I do not know how many people remained for many decades in the 
same place in Kansas City. Q. And wouldn't you agree with me, 
sir, that as a general principle, when you keep talking about 
Government policy, wouldn't you agree with me that Governmental 
policy has been less, at least less discriminatory since the 
1960s? A. Yes. Q. And do you know how many moves have occurred 
in that time here in Kansas City? A. A great many. Q. Wouldn't 
you agree with me that there were hundreds of thousands? A. Yes. 
Although I think it was less discriminatory, it was still 
discriminatory. Q. Wouldn't you agree with me —  A. Oh, yes, 
sure. Q. —  that there were hundreds of thousands of moves? A.
I don't know whether there's hundreds of thousands, but there's 
rcany. q . n o w , in your studies on moves of blacks and moves of 
whites, haven't you in the past cited polls which indicated that 
some two-thirds of whites and 87 percent of blacks believe that 
blacks could live anywhere they could afford? A. Yes, I have.

k k k

-27-



[15,389-15,390] Q. (By Mr. Feldmiller) Dr. Orfield, could 
you tell me whether there are people or social scientists out 
there who disagree with your view that schools are indicators of 
residential choice? A. I'm certain there are. Q. Do you recall 
writing in "Must We Bus?" this sentence on page 94: "When the
decisions of whites to migrate to suburbs are studied, families 
usually say that the school issue plays a fairly small role.
There are many reasons for leaving the city, including better 
housing, access to suburban jobs, larger yards, and shopping." A. 
Yes, I wrote that. Q. And do you agree with that? A. I've 
learned a lot more since that time, and my views have become 
somewhat more complicated. If I can explain them, I'll be glad 
to. Q. Well, let me ask you this, sir: Do you recall writing an
article called "Policy Implications of Research on White Flight in 
Metropolitan Areas"? A. I believe that was one of the titles it 
was published under. Q. And do you recall there, sir, making 
this statement: "The range and diversity of factors that might
influence the rate of racial transition can be suggested by a 
simple noninclusive list of common conditions in cities during the 
late 1960s and early 1970s"? A. Yes, I wrote that. Q. Do you 
recall in that same article, sir, making this statement, that 
"separating out the influence of various elements is exceedingly 
difficult but vitally important if one is to draw any valid policy 
conclusions"? Do you recall making that statement, sir? A. I'm 
sure that I wrote that.

* k *

[15,394-15,396] Q. Yes, sir. And at the time you wrote 
this article, you did believe that separating out the influence of 
various elements is exceedingly difficult but vitally important if 
one is to draw any valid policy conclusions, is that correct? MR. 
SHAW: Objection, Your Honor. Asked and answered. THE COURT:
Well, I'm going to overrule the objection. Q. (By Mr.
Feldmiller) Is that correct, sir? A. I wrote that, yes.

•k k k

[15,409-15,410] Q. Well, do you agree with this statement: 
That many individuals prefer racial segregation. This desire may 
be stated as a preference for living with one's own racial group 

racial or ethnic group. In addition, many individuals prefer 
class separation. Indeed, the desire for class identity in a

-28-



neighborhood is often stronger than the preference for racial 
homogeneity. MR. SHAW: Excuse me, Mr. Feldmiller. Would you
tell me what you're reading? MR. FELDMILLER: Yes. That by —  an
article on Why Do People Move? by Gary Tobin. MR. SHAW: Thank
you. Q. (By Mr. Feldmiller) Do you agree with that statement by 
Mr. Tobin? A. That people —  people prefer -- that people prefer 
to live in middle-class neighborhoods? Q. Well, he indicates 
that many individuals prefer class separation. Indeed, the desire 
for class identity in a neighborhood is often stronger than the 
preference even for racial homogeneity. A. Well, I think 
obviously a good many people prefer to live in middle-class 
neighborhoods. Q. Now, you do agree with me, don't you, sir, that 
there is really not any place where there is an eithnic —  where 
ethnic groups are distributed on a random basis? A. Yes. No one 
that I know in this field advocates random distribution of 
everyone.

B. Testimony of Yale Rabin
[11,106-11,107] Q. Okay, sir. Do you recall having your 

deposition taken last month on December 20th, 1983 in the Norfolk 
case, Riddick vs School Board of the City of Norfolk, Virginia, 
this question and answer being asked —  MS. GOERING: Could we 
have the page number, please? MR. GERMAN: I'm sorry, Page 77.
"Q. All right. You've mentioned specific acts of discrimination 
and expected hostility. Is there any other reason you are aware 
of for the difference in black and white movement to the the 
suburbs, if such exists? "A. You have all the underlying 
economic factors, obviously. "Q. What do you mean specifically?
"A. People's incomes, people's job locations, people's 
automobile ownership." Do you recall that testimony, sir? A.
Oh, yes. That's certainly the case that blacks when they can, 
certainly move in response to job locations. I think everyone 
does that. Q. (By Mr. German) Okay, sir. And wouldn't you 
agree that the percentage of suburban jobs held by blacks 
approximates the percentage of the suburban black population? A. 
that was the case —  I can't say it's the case now. Last time I 
looked here —  Q. Here in Kansas City? A. —  that was the 
case, and I don't remember the ending date of -- Q. Was that in 
connection with your work in the South Mid-Town Freeway case? A. 
Yes, i bel ieve it was.

-29-



k k k

[11,071-11,072] Q. Now, if you would look at Exhibit 16-B, 
down at the bottom right-hand side of the exhibit, you show a 
total black population of the three-county area of 127,797 blacks 
in 1980, is that correct? A. Yes. Q. Now, keeping that one in 
mind, if you will look at Exhibit 12-A, the 1980 black population 
figure, you show 104,363 blacks residing in the area that you 
call the principal contiguous area? A. Yes. Q. Okay, sir.
Now, subtracting that figure, 104,363 blacks, from the total 
black population in the three-county area of 127,797, you come up 
with 23,434 blacks, is that correct? A. I'm sorry —  Q. All
right. Let me run through it again. A. You are subtracting the
—  Q. The 104,363 blacks shown on Exhibit 12-A, the 1980 black 
population in the principal contiguous area, subtracting that 
figure from the total black population in 1980 in the three- 
county area. A. It would show the 23 —  Q. The 23,434 blacks
is that correct? Q. Live outside. A. Right. A. That's right
. . .. Q. Now, if we make the same calculation that we just did 
on those two exhibits, 12-A and 16-B, for 1970 on 12-A, the 1970 
recounting total is 105,161, is that right? A. Yes. Q. And on 
Exhibit 16-B, the —  I'm sorry, I may have misspoke there. The
105.000 figure is the principal contiguous area, and on 16-B, the 
total black population in the three-county area for 1970 is shown 
as 113,950.

* * *

[11,074] Q. (By Mr. German) Okay. So in 1970 there were
8.789 blacks living in the three-county area outside of the 
principal contiguous area, okay? Is that right?
A. Approximately. Q. Well, let's do the subtraction. A. No, 
no. That's fine. Q. If you’ll accept that? A. Yes. Q.
8.789 blacks outside of the principal contiguous area in 1970. 
Okay, and in 1980, as we see, that figure has risen to 23,434, 
right? A. That's correct. Q. The difference of those two 
numbers then, sir, wouldn't you agree, is 14,645 blacks? A.
14.000 black — ■ 14,000 more blacks lived outside the principal 
contiguous area —  Q. In 1980 —  A. —  in 1980 —  Q.
than they did in 1970 —  A. —  than they did in 1970. Q.
Okay. 14,645, I believe? A. Yes.

* * *

-30-



[11,088] Q. Okay. Now, K-2 also shows, doesn't it, sir, 
that from the 1970-71 school year through the 1983-84 school 
year, the black enrollment, the actual numbers, in the Kansas 
City, Missouri, School District decreased by more than 10,000 
black students? A. It shows that, yes.

* * *
[11,101-92] Q. . . .  If you would, Mr. Rab in, will you 

please add up the number of black students in the subruban 
districts shown on 53-G for the year 1970? A. 498 is what I 
get. Q. Okay. And if you would then add up the black 
enrollment of the defendant suburban school districts for 1982.
A. I believe it's 3,573. Q. I agree with you. And will you 
compute the difference between those two numbers, please? A.
It's a little over 3,000.

k k k

C. Testimony of Gary Orfield
[15378] Q. Have you made any analysis of the number of 

black families who have moved into suburban districts since 1970? 
A. Yes, I did look at those statistics. Q. Well, would you 
agree with me, sir, that there are approximately, or at least
10,000 more blacks out there in 1980 than there were in 1970? A. 
I can't tell you the exact number, but I believe it's in that 
range.

k k k

D. Testimony of Edward Fields
[2056] Q. If I told you that from 1970 to 1980 there was 

roughly a 10,000-person increase in the census figures for blacks 
residing in the defendant districts in this case, would that 
surprise you? A. I'm afraid that it would. Q. Has nothing one 
way or the other? A. I have no idea as to how many, but if it's 
that many, it sounds good.

*  *  *

[2062] Q. Now, in terms of movement of blacks out into the 
areas outside the Kansas City, Missouri, School District, you had 
some friends of yours, too, haven't you, who have moved to, say, 
Grandview or Lee's Summit? A. Yes.

k k k

[2113] Q. Dr. Fields, Mr. Feldmiller also asked you 
whether or not you could identify any specific act or actions by

-31-



the defendant suburban school districts that caused a 
concentration of the blacks in the Kansas City, Missouri, School 
District, and I believe you said you could not. A. That's 
correct.

k k k

[2118] Q. . . .  [W]hat I want to know is, was there 
anything that these school districts did to prevent black people 
from moving up or out of the Kansas City, Missouri, School 
District? A. On that basis, my answer is given earlier. I know 
of no policy that they may have generated specifically to 
accomplish that goal.

* * *

[2060] Q. Now, you mentioned public housing a couple of 
times in your examination, Dr. Fields. To your knowledge, there 
was no involvement of any outlying school districts in anything 
to do with the location of the public housing facilities which 
you're mentioning? A. Not to my knowledge. Q. Now, the blacks 
that —  to the extent that they did migrate into Kansas City, and 
I recognize you may not be able to isolate those that did, blacks 
were attracted to the Kansas City central area for a variety of 
reasons, I take it? A. That's correct. Q. And one of those 
reasons would include jobs, would it not? A. I'm sure that that 
would be a reason.

VII. TESTIMONY SHOWING THAT PLAINTIFFS' AND KCMSD'S
MISCELLANEOUS THEORIES DO NOT REPRESENT AN INTENTIONAL 
CONSTITUTIONAL VIOLATION WITH A CURRENT SUBSTANTIAL EFFECT

A. Testimony of Edward Fields Regarding Vocational Education
[2057] Q. Now, you do not have any information, do you,

sir, that any of the vocational-technical school boundary lines 
around in this area were drawn for the purpose or effect of 
segregation, do you? A. I can't say that any school district 
deliberately drew lines to perpetuate segregation.

B. Testimony of Gary Orfield Regarding Vocational Education
[15,317] Q. In that regard, Dr. Orfield, isn't it true that

at no time did the Kansas City, Missouri School District request 
that any of the school districts that are defendants in this 
lawsuit participate in their area vocational school with them? A. 
I believe that is true.

-32-



C. Testimony of Edward Fields Regarding Racial Composition 
of Faculties

[2115] Q. Do you recall, Dr. Fields, being asked this 
question in your deposition on page 199 to 200: "Question: Let
me put it this way. In the case of a suburban school district 
that did not —  had a very low percentage of black teachers, 
would it, in your opinion, have made that school district more 
attractive to black families if it had a larger percentage of 
black teachers?" There was an objection to the form, but he was 
told to go ahead and answer by the plaintiffs' lawyers. "Answer:
I don't think that that would have —  I don't think that would 
have made a difference. I don't think that the race of the 
teacher would have made that much of a difference." Do you 
recall giving that testimony, sir? A. Yes, I do.

D. Testimony of Gary Orfield Regarding Racial 
Composition of Faculties

[15,514-15,415] Q. (By Mr. Feldmiller) Do you recall, sir, 
giving your —  in your deposition in the Omaha case on September 
11th, '78, when you were asked this series of questions: "Q. Do
you think most people in making their decision about where to live 
would go up and ascertain the racial composition of the school 
faculty? "A. If they're making a decision about whether to stay 
in that neighborhood or leave, they might take that as one sign 
the neighborhood is irreversibly changing. "Q. Do you know of 
any empirical studies that have been done on people's attitudes, 
people's movements, as a result of the placement of faculty? "A. 
No. I'm almost sure there haven't been any good studies of that 
sort done." A. Yes. That was an accurate statement at that time.
• . . Q. And I take it that you yourself have made no study in 
this area? A. No, I have not made a study in this area.

•k * -k

[15,596-15,597] Q. All right. So then —  let me refresh 
your recollection, then, vis-a-vis the testimony that you gave in 
the Omaha case, and listen to it, if you would. "QUESTION: Do
you know of any empirical studies that have been done on people's 
attitudes, people's movements as a result of placement of faculty? 
"ANSWER: No, I'm almost sure there haven't been any good studies
°f that sort done." And you would agree with me, would you not, 
sir, that this study does not —  and the table does not do that.

-33-



A. That table does not do that. But when tied together with 
other information that I have, I think I —  it reinforces my 
belief that —  Q. There's still been no study of that? A.
There's been no direct study of that.

★ * -k

[15,316] Q. Going back to the Time article, you are aware 
that Time, at least, gave Missouri an "A" for their efforts in 
desegregation at that time? A. Yes. Q. Do you remember about 
when that Time —  that article was published? A. Late 1950's, I 
believe.

* * *

[15,350-15,351] Q. Now, wouldn't you agree with me that the 
—  that no governor of the state of Missouri has ever closed 
schools after 1954 to keep a black child or a lot of black 
children from attending a school? A. Yes.

E. Testimony of Yale Rabin Regarding School District 
Boundaries

[3457] Isn't it a true statement, Dr. Rabin, that 
traditionally, historically, and for the entire period of time 
[that you] were asked to examine this particular aspect of the 
case, the boundaries of the school district of Kansas City, 
Missouri, have never been coterminous with the boundaries of 
Kansas City, Missouri? A. That's true.

F. Testimony of Raphael Nystrand Regarding School District 
Boundaries

[6,220] Q. Actually, in the North, northern part of the 
country and into the western part of the country, there are many 
situations where school boundary lines are oftentimes irregular 
with respect to any kind of other political boundary line, isn't 
that correct? A. I think that is correct.

* -k *

G. Testimony of Frederick T. Cioffi Regarding School 
District Boundaries

[10,293] Q. Now, in your experience, haven't you also 
observed, sir, that in the western or northern states that in 
Particular school district lines are not necessarily coterminous 
with political jurisdiction lines? A. Not necessarily. Q. They 
vary from —  A. They vary —  Q. —  all over the lot, wouldn't 
that be true? A. They could be county school systems, township

-34-



school systems, village school systems, city school systems. The 
configurations are wide and varied. Q. And sometimes they're not 
coterminous with any of those particular boundary lines; isn't 
that true? A. Sometimes they're not.

k k k

H. Testimony of Beth K. Smith Regarding School District 
Boundaries

[4725] Q. Do you recall that this statement was made as 
part of the effort of that group, "Although the larger part of 
the area that would be de-annexed is the municipal Independence, 
it has never been in the Independence School District, and there 
is no historical relationship between school district boundaries 
and city boundaries. Parts of Van Horn have been in the Kansas 
City School District for almost seventy years, and all of Van 
Horn for at least fifteen years." Do you recall that argument 
being made against de-annexation? A. I'm sure I must have read 
the statement at the time I allowed my name to be put on it, but
I don't have any specific recollection.

* * *

I. Testimony Of J. Glenn Travis (longtime KCMSD 
administrator) Regarding House Bill 171

[93-100] Q. Do you recall during the mid to late 1950s 
there being some concern that the City of Kansas City, Missouri 
would exceed that 500,000 level in population? A. Yes, sir. Q. 
And do you also recall there being some concern that the Kansas 
City, Missouri School District boundaries would then be 
coterminous with the City of Kansas City, Missouri boundaries?
A. Yes, sir. Q. Do you remember whether the— do you remember 
whether there was some legislation proposed that would— let me 
withdraw that and start again. Do you remember any proposed 
legislation which would have increased that 500,000 person 
ceiling so that the Kansas City, Missouri School District would 
not be subject to that coterminous requirement? A. Yes, sir.
That actually occurred, didn't it? Q. That was my next 
question. Am I correct that that change was made? A. Yes, 
that's my information . . . .  Q. You said that you didn't recall 
specifically what was discussed. In a general sense, do you have 
any memory of what the substance of those conversations were? A. 
No, except on the point that if Kansas City either reached or

-35-



decreased, and that I don't know, what that specific population 
idea was, and if it did become coterminous, then there would be 
all kinds of building problems and bond problems and operational 
problems and all sorts of things to be settled, and I guess I had 
the impression that neither Kansas City nor the surrounding 
school districts had much interest in promoting the thing or 
trying to preserve the status quo. They all wanted to preserve 
it rather than cause this big change to happen. I can't remember 
that the Kansas City School District had any interest in 
specifically hoping to take in all this property. Q. So your 
impression was that the— you said that all the school districts 
had an interest in maintaining the status quo. A. That would be 
the— if I had an impression, that was it. Q. And your 
impression would be that that interest in maintaining the current 
boundary system included that that was the desire of the Kansas 
City, Missouri School District, is that correct? A. Yes . . . .
Q. (By Mr. Crabtree) Was it your impression that the Kansas 
City, Missori School District also desired to support legislation 
which would maintain the boundaries that were existing at that 
time? A. That's my impression. Q. You referred to some 
building problems and bond problems that might have resulted if 
the boundaries had been changed. Can you explain what kind of 
problems might have been encountered that you were referring to?
A. I expect you know— you're all legal. You know more abut them 
than I do. Q. I'm not sure I do, sir. A. Well, Raytown, being 
bonded means that half the district or a little corner of the 
district would come into Kansas City because the school district 
would become coterminous with Kansas City, Missouri. Dividing 
that up would be quite a little problem. The legal business of 
levies, altering those. The business of part of the district 
being in the state retirement system and some of them not being 
in the state retirement system and osme of them being in Social 
Security and some of them not being in Social Security and all 
kinds of things. Q. So there were just a number of 
administrative problems with which people were concerned? A. 
yes . . .. Q „ (By Mr. Crabtree) Returning to your impression 
that the Kansas City, Missouri district did not wish to have new 
territory that was not then in its district added to it, do you 
recall whether that— do you recall whether you formulated that

-36-



impression based upon these administrate kinds of problems that 
might have resulted? A. As far as I know, that was the only- 
consideration. Q. You think that was the only consideration?
A. Yes, or at least the controlling consideration, plus the 
general —  the general discussion that always goes on in that kind 
of a situation as to a bigger something as opposed to a smaller 
something. Would it be better for the school district to be 
larger? Would it be better for some of the other school 
districts to be smaller, educationally better, economically 
better, and so forth? It was not all just a matter of financial 
convenience . . . .  Q. Do you know of anything that at the time 
led you to believe and that now would lead you to believe that 
the Kansas City, Missouri district's opposition to that proposed 
legislation was based upon any racial concerns at all? A. As 
far as I know, not . . . .  Q. (By Mr. Crabtree) Mr. Travis, I 
think we have talked about the impression you formed about the 
opinion, at least, of some of the people of the Kansas City 
School District about this proposed legislation; is that right?
A. Yes, sir. Q. Were you ever of the belief when you formed 
that impression that the opinion on the proposed legislation 
within the Kansas City, Missouri district had anything to do with 
racial concerns? A. No, sir.

k k k

J. Testimony of Ilus W. Davis (former Mayor of Kansas City) 
Regarding House Bill 171

[4647-4648] Q. You had no discussions with anyone from any 
of the outlying school districts? A. Not that I recall . . . .
Q. Well you realized, I take it, though, that the House Bill 171 
was a mere amendment of an existing law? A. Yes, I understood 
that. Q. And you understood that the change was to change the 
population trigger from 500,000 up to 750,000? A. As I recall, 
that was the effect of it. Q. And were you aware that that is 
not the first time— that that was not the first time that 
Particular law had been amended by changing the population 
trigger? A. I wasn't aware of that. Q. And, I believe you 
indicated that you were aware that the Kansas City School Board 
itself supported and urged the passage of HB 171 in 1957? A. I 
understand they did support the bill.

k k k

-37-



[4651-4653 ] Q. Did you know a Missouri legislator at that 
particular time by the name of, I believe it was, Frank Mazzuca?
A, I knew Frank, yes. Q. Did you realize that he was the 
sponsor of House Bill 171? A. If I did, I had forgotten. Q.
Sere you aware that he was a legislator from the Jackson —  a 
Missouri legislator from the Jackson County area which included 
Kansas City, Missouri School District? A. Yes, that's 
correct. . . . MR. FELDMILLER: Your Honor, at this time I would
like to introduce SDD 4, which is a copy of proceedings of the 
Journal of the House of the State of Missouri in 1957 , to May 6, 
1957, which refers on the second page to Representative Mazzuca 
as representing House Bill 171; and then on page 1177, it refers 
to the actual vote —  and 1178 shows that there's no negative 
votes. THE COURT: Any objections to SSD 4? Be admitted. Q.
(By Mr. Feldmiller) By the way, Mr. Davis, did you know a J. 
McKinley Neal? A. Yes, I did. Q. Who was Mr. Neal? A. Neal 
was a legislator from Kansas City, Jackson County, served in the 
Missouri legislature for some time. Q. What was his race? A.
He was a black man. Q. And he was representative of a black 
area within the Kansas City, Missouri, School District, is that 
correct? A. He was, as I recall. Q. Do you recall Mr. Neal 
being active in the black community, Urban League, NAACP, civil 
rights activities? A. Yes, I do.

* -k k

[4656] MR. BENSON: I would agree the two representatives
in question, Mazzuca and Neal, lived in Kansas City, Missouri, 
represented districts that were in whole or part within the 
Kansas City Missouri, School District.

k k k

[4656-4657] Q. (By Mr. Feldmiller] Mr. Davis, were you 
aware that in 1957 the Kansas City, Missouri, School District had 
a black enrollment of approximately 21 to 22 percent? A. I was. 
Q* And at that particular time the Kansas City, Missouri, School 
District was a prestigious school district, was it not? A. It 
was. Q. Now, Mr. Davis, did you realize that the Kansas City, 
Missouri, School District has had annexations to that district 
since House Bill 171 was passed? A. I believe that's correct, 
i'm not familiar in detail with it. Q. If I suggested to you, 
sir, that the Pitcher-Fairview was annexed to the Kansas City,

-38-



Missouri, School District in 1958, would you agree with that? A.
1 believe that's correct. Q. And that was a predominantly white 
area, was it not? A. I believe it was.

ft ft ft

K. Testimony of Raphael Nystrand Regarding House Bill 171
[6,187-6,188] Q. Dr. Nystrand, do you know when the 

annexations north of the Missouri River took place? A. Of the 
city? Or of the —  Q. Of the city. Kansas City, Missouri, 
annexation north of the Missouri River. A. 1950, '59, '62. Q.
You're right. And do you know when the bulk —  well, let me ask 
you this question: Do you when the annexation of land first
occurred in Platte County? A. I think that would be —  it would 
be either '59 or '62. Q. And you don't know right now which date 
it would have been? A. No, I don't know. Q. And that 
annexation required a vote of the people, isn't that correct? A.
If you tell me it did, that's correct. Q. And so if —  in order 
to have, for House Bill 171 to have the effect you think it would 
have had, had the legislature voted it down, you have to speculate 
that the voters in those areas would have subsequently voted to be 
annexed to the City of Kansas City, Missouri? A. Well, you would 
have —  for that particular area, we could make those assumptions. 
Q. All right. The other thing you mentioned about House Bill 171 
is that it might have precluded white flight had it not passed.
That certainly wouldn't have affected the Kansas side of the line, 
would it, Doctor? A. Probably not.

ft ft ft

[6,216-6,217] Q. . . .  Drawing your attention to Exhibits 
35H and 35G, now, is it your understanding that this particular 
square where I'm showing you, North Kansas City, that area is a 
separate municipality, is it not? A. That's correct. Q. It is 
not affected by any of the Kansas City, Missouri, annexations, 
correct? A. I believe that's correct. Q. All right. Then the 
area to the north of that, surrounded by the tape which has 
Gladstone in the middle, that also is a separate municipality, is 
it not, sir? A. Yes, it is. Q. And then when you come over to 
the right, Liberty is also a separate municipality, correct? A. 
yes. q . And then you have a couple of other smaller 
jurisdictions, Birmingham and then another one over here by the 
river, that are separate municipalities, correct? A. Yes. Q.

-39-



Okay. And also in 1959, isn't it correct that the only —  in the 
1950 city annexation that took place, the only area that was 
annexed was basically an area from about North Kansas City, the 
western northwestern corner of North Kansas City, up to around 
Gladstone and over to about the end of Gladstone, and then back 
down to North Kansas City. Let me show you Exhibit 425, if that 
would help you any, sir. A. Is that this? Q. Yes. A. Yes, 
okay.

*  -k  -k

[5,222] Q. Now, did you also become aware, sir, that the 
Kansas City, Missouri, School District actually supported House 
Bill 171? A. I am aware of that.

Jc -k -k

[6,218] Q. Yes. A. Yes. Q. All right. So assuming that 
there had not been any [House Bill] 171 and assuming that in 1960 
the population of Kansas City, Missouri, in fact was 500,000, you 
would have the situation where the Kansas City, Missouri, School 
District would have jumped over the river and would in effect have 
been separated in part by the municipality of North Kansas City 
and then also separated on the northern part of the area that was 
annexed, is that correct? A. I believe that's correct . . . .

L. Designated Deposition of James Spainhower (former State 
legislator) Regarding the Spainhower Report

[34-37] FURTHER EXAMINATION BY MR. MARSHALL: Q. Dr.
Spainhower, we have talked about this report before, and as I 
recall our conversation you did indicate that when this 
commission was first formed, the concept of integration, 
segregation, or desegregation rally had nothing to do with the 
formation of the commission itself? A. That is accurate . . . .
Q. Relative to what ultimately became the defeat of the 
legislation, isn't it true a lot of the opposition were from 
people, from superintendents who saw their position as 
superintendent being abolished as a result of the reorganization 
that would take place? A. That is accurate . . . .  Q. Now 
relative to the issue of race, I think I recall our conversation, 
2nd didn't you say that it was your opinion that while race was 
discussed, it came up from time to time, that it really was not a 
factor in the ultimate defeat of the legislation? A. I think 
that would be accurate. Because you look -- you would almost

-40-



have to do an analysis of the legislative opposition to it to get 
an answer to it. But there was so much opposition to school 
district reorganization out state, not on the basis of race at 
all, but on the basis of other factors, that you almost had a 
majority right there before you even got into your urban areas 
because that was in the early days of legislative reorganization 
when there was not as much influence in the suburban and urban 
areas as there is today . . . .  Q. And as I recall, I don't know 
if you recall the analogy you explained to me, but I think you 
said in discussing the effect of race on this particular 
legislation, and its defeat, didn't you say it was kind of like a 
football game where the score was 90 to 30 and the second string 
was put in and they scored a touch down, that touch down really 
didn't have much effect on the outcome? A. I don't recall using 
that analogy, I hope I did, I think it is a very good one. I 
think it would be accurate, that the issue of race had never been 
raised, I do not think the school reorganization bill would have 
passed.

k k k

M. Testimony of Raphael Nystrand Regarding the Spainhower 
Report

[6,212] Q. Isn't it correct that the Spainhower report 
recommended that the local unit for Platte County would constitute 
Platte County? A. I believe that's correct. I don't have that 
map up here with me, and I just have to confess —

k k k

[6,212-6,213] Q. All right. Then for —  again going to the 
east of Platte County, we come to Clay County, and the Spainhower 
recommendation for Clay County was the local unit to be Clay 
County, correct? A. That's correct. Q. All right. Then going 
to the south of Jackson County, if I can refer you to Jackson No.
2, which would be the lower part of Exhibit 34, Spainhower there 
recommended for the local unit for it to be Grandview, Lee's 
Summit, and Hickman Mills, is that correct? A. And Lone Jack.
Q* And Lone Jack, which is not a party to the lawsuit, correct?
A. That's correct. Q. Okay. So, in regard to those particular 
districts which I just asked you about, there was no consolidation 
in a local unit with the Kansas City, Missouri, School District, 
isn't that correct? A. That's correct.

-41-



N. Testimony of Cleo Muller (a resident of KCMSD when the 
Spainhower Report was issued) Regarding Opposition in That 
District to the Spainhower Report

[6967] A. No. Basically —  it may have oversimplified, 
but he was proposing a statewide, almost statewide school 
district with subdistricts. Which would have taken local control 
away almost completely, and we did not favor that in any shape or 
form. That would have taken parental influence completely away.
Q. And did you testify in Jefferson City on that? A. I did.

* * *
O. Testimony of Edward Fields Regarding White Flight to 

Outlying Districts and Private Schools
[2116] Q. Now, there wasn't anything that any of the 

suburban districts did to encourage the white flight from the 
Kansas City, Missouri, School District, was there? A. I can't 
say that the suburban districts did anything, but I can say that 
there was feeling of security in moving in that direction.

k k k

[2075] Q. Okay. Now, Mr. Marshall asked you about 
parochial schools, isn't it true that within the confines of the 
Kansas City, Missouri School District, there are some private 
schools too that are not parochial? A. Yes. Q. Wouldn't it be 
true that white students within the district who may have 
withdrawn from the district are attending some of those private 
schools? A. That's true.

k k k

[2,039] Q. Now, Dr. Fields, isn't it true that in the 
course of desegregation efforts since 1954, that one of the 
significant problems that exist is what you previously identified 
as white flight? A. Yes. Q. Wouldn't you agree, of course, 
and I think you stated this earlier, but I was trying to take 
notes so fast I didn't hear it well, I think you stated that 
individuals, black or white ought to be able to live wherever 
they want to live? A. That's true. Q. The Kansas City,
Missouri School District which was a predominantly white district 
in 1954, some of that flight was simply to parochial schools; 
isn't that true? A. I'm sure that there as some movement to 
parochial schools. Q. So, it was not just whites leaving the 
district, it was whites that remain in the district and simply 
chose to go to private institutions? And whatever the reason,

-42-



shether we may or may not agree with that; isn't that true? A.
I have to agree that perhaps it's true.

k k k

[2052-2053] Q. Now, during the early 1970s, isn't it 
correct that the school district of Kansas City, Missouri, did 
have some difficulties with employment relations, teacher 
strikes? A. Yes. Q. And, in fact, there were two strikes 
during the 1970s? A. That's correct.

k k k

P. Designated Deposition of Robert Goodrich (former Board 
Member of the Independence School District) Regarding Arrange­
ments for Special Education

[146-148] Q. And how long did [special education] children 
have to ride busses to get to the Delano School [in KCMSD] from 
the Independence School District? A. They rode from between one 
hour and one hour and a half each way. Q. Do children presently 
attend the Delano School from the Independence School District?
A. No. Q. Why is that? A. Because I had complaints from 
patrons that their children were arriving at school with their 
pants filled with feces because they were incontinent. They had 
to spend too much time being transported; they spend between an 
hour and hour and a half, sometimes two to three hours per day 
that they were being transported, thereby only allowing four to, 
about four hours of education time per day. This was not in the 
best interests of the children, the patrons did complain. I 
visited, along with the board of education and superintendent, we 
visited the Delano School, discussed the problem and were told, 
of course, you know what we can do about this. I will say that 
Delano is probably one of the finest schools that I have ever 
seen. it had educational facilities that were second to none, 
and if we could have picked it up and set it closer to our 
children, we would have done so. Obviously we couldn't. So we 
did start considering it, it took two to three years to get the 
ball rolling with the board and the patrons and we did open a 
physically handicapped and mentally handicapped center at 
Sycamore School and then subsequently contracted with Blue 
Springs to exchange students with them where they had some of the 
sight problems. We took in a few from a couple of other 
districts that were closer and the Independence School District

-43-



now operates a very fine center, and strictly to provide 
education closer to the children's home in the neighborhood 
school condition.

k k k

VIII. EXCERPTS OF TESTIMONY BY SOME OF PLAINTIFFS' "EXPERT" 
WITNESSES

A. Testimony of James Anderson
[4,586 ] Q. And can I also safely assume that a part of that 
adequate evidentiary basis is the accurate recording and analysis 
of the underlying data? A. Yes.

* * *

[4.591] Q. Is there a mistake in the exhibit, Doctor? A. 
Yes, apparently there is a mistake.

k k k

[4.592] Q. We also had some discussion yesterday, Doctor, 
about whether the enumeration count was taken, and you told me in 
response to an objection that was taken in September of 1910. Do 
you recall that testimony? A. That was a mistake.

k k k

[4.593] Q. Okay. But in any event, you do agree that it
was a mistake to say that that enumeration count was taken in 
September? A. That was a mistake.

k k k

[4.594] Q. Can we assume, then, Doctor, that in Exhibit 
50-B, the listing of Woodland School District No. 54 twice, was 
also a mistake? A. Yes, it was a mistake.

k k k

[4,597] Q. Do you know whether or not that's another 
mistake in the exhibit? A. I have not —  I can't tell from 
this, that it is a mistake.

k k k

[5969] Q. No, I'm just wondering what the difference is 
between Raytown C-l and Brooking Township and Raytown C-2 under 
Washington Township, or is that another error? A. That should 
be Raytown C-2 all the time. Q. Another error? A. Yes.

k k k

[4626] THE COURT: . . .  Dr. Anderson, let me call your
attention to 1940 on 53-E. THE WITNESS: Yes. THE COURT: I

-44-



believe you have your figures reversed there, do you not, for
Kansas City, Missouri, School District? THE WITNESS: Yes.

* * *
B. Testimony of Gary Orfield
[15,331] Q. Dr. Orfield, your general field of education is

that of political science; isn't that correct? A. Yes.
* * *

[15,335-15,335] Q. I take it then that the political 
science field is not an exact science? A. I wouldn't define it 
as an exact science, no. Probably more like law. Q. Well, I 
take it then that there are political scientists in your field who 
might disagree with you over a variety of issues from time to 
time? A. Of course. Q. They might also then disagree with you 
as to the weight that should be assigned in any kind of analysis 
to any particular factor? A. Certainly.

k k k

[15,338] Q. When did you complete your research? A. I'm 
still working on it. Q. Was your research finished in any 
particular sense in October of 1983 [when the parties were 
required to file a statement specifying the conclusions reached by 
expert witnesses]? A. No.

k k k

[15,340-15,343] Q. What judicial appointments did you 
appear to testify about? A. Judge Haynesworth, Judge Carswell, 
and Mr. Rehnquist. Q. And were you in favor or opposed to those 
gentlemen? A. I was opposed. Q, To all three of them? A.
Yes. Q. And your appearances there, I take it, were —  your 
opposition there was based on your own personal capacity rather 
than representing some organization, isn't that true? A. Yes, 
that's right. I was there talking about their civil rights 
decisions. In the case of Mr. Rehnquist, his civil rights 
activities, anti-civil rights activities.

k k k

[15,348] Q. (By Mr. Feldmiller) Well, were you aware that 
[the graduate student whose study you utilized] appeared at 
depositions in this case, made an appearance as a paralegel for 
the [NAACP Legal Defense Fund]? MR. SHAW: Objection, Your Honor.
THE COURT: That objection will be overruled. A. Yes. Let me 
describe to you —  Q. (By Mr. Feldmiller) No; I'm just asking you

-45-



to answer the question. A. Yes. Q. Were you aware of it? A.
I was aware of that. Q. In conducting your research on 
scientific matters generally, do you —  is it an accepted 
procedure to make an effort to study both sides of an issue? A.
Of course.

*  *  *

[15,359] Q. (By Mr. Feldmiller) You only reviewed part of 
[former KCMSD Superintendent] Hazlett's deposition, then? A.
Yes.

* * *

[15,358] Q. (By Mr. Feldmiller) Well, do you remember him 
saying in effect that he saw no connection, "I don't see anything 
since schools follow the population, no, I don't see any 
connection"? Did you rely on that testimony by Dr. Hazlett in 
forming your opinion? A. Obviously not. Q. Do you recall him 
saying that in his deposition? Do you remember reviewing that 
particular portion? A. I don't remember reviewing it. Q. But 
you did review his deposition; his deposition is one of the ones 
you reviewed? A. I said I read portions of that. I don't 
believe I read the entire deposition. I read —  I think I read 
more of his testimony before the Office for Civil Rights 
proceeding.

k k k

[15,350-15,351] Q. And isn't it also correct that you have 
not made any kind of a study that has been published in any of 
your articles or refereed journals concerning any cause and effect 
relationship of the prior dual school system? A. Beyond the 
persistence of segregation throughout this period? Q. Yes. A. 
Yes, that's correct, although I'm working on this issue now.

k k k

C. Testimony of Yale Rabin
[11,117-11,118] Q. Now, I want to direct your attention, 

sir, to your resume. I believe it was offered as Exhibit 2871, 
and directing your attention to page four, the section under 
Professional Activities and Projects, I have tried to count up 
there and I could 32 different cities in which you have done 
studies or testified while being retained by the NAACP Legal 
Defense Fund, is that about right? A. But large numbers -- the 
—  the —  Q. Is it about 32? A. I haven't counted them. But,

-46-



for example, the municipal services studies all related to 
identifying a single place in which —  Q. Well, I'm just more 
interested in the number of cities. I counted over 30. A. But 
that has —  all I'm saying, that has little relation to actual 
I litigation. Q. Oh, I understand that. A. Yeah. Q. But 
either studies or testimony while being retained by the Legal 
Defense Fund? A. That's correct. Q. Over 30 cities. A.
Well, I haven't counted them. Shall I do that? Q. Well, if you 
would agree with me, then it wouldn't make much difference? A.
I count 17. Each of these says Legal Defense Fund and other 
I clients.

* * *

D. Testimony Of John Kain
[8203] Q. Did you happen to review your summary of 

testimony that was given to us and filed in October of 1983 which 
stated the opinions you were going to express? A. You mean have 
I reviewed it since I sent it in? Q. Did you draft that? A.
Yes, I did. Q. So you drafted that and sent it in before you 
completed your analysis? A. That's correct. I mean I knew what 
the analysis was about and like.

* -k k

IX. EXCERPTS OF TESTIMONY OF GARY ORFIELD
[15,443-15,444] A. I don't think that the housing market 

area is coterminous with the boundaries of the defendants. Q.
And in fact the housing market area in Kansas City, Missouri 
metropolitan statistical area is larger or greater than that 
encompassed by the boundaries of the defendant school districts?
. . . (By Mr. Voigts) Do you recall the question, Doctor? A.
Yes, I do. Yes, I believe it is larger.

■k k -k

[15,746] Q. Do you recall giving a deposition in the case 
of Hale, H-a-l-e, v. Department of Housing and Urban Development, 
on August 3, 1981 —  A. Yes. Q. —  in which you were asked the 
following question and gave the following answer: "Q. Was East
St. Louis and other communities on the east side of the river in 
St. Louis included in the remedy? "A. No. My thought was that 
that was really in substantial ways a separate housing market, and 
that it has its own core cities which are even more depressed than

-47-



the City of St. Louis. That was a separate kind of problem.
There was virtual consensus among the managers that looked into 
those issues." Do you recall that question and that answer at 
that time? A. Yes . . . .

* k k

[15,433-15,434] Q. (By Mr. Feldmiller) I would like to ask 
you some questions about each one of the specific districts which 
I represent. By the way, haven't you written in the past that the 
research on the school/housing relationship is weak? A. Yes, but 
it's getting better.

* * *

X. EXAMPLES OF TESTIMONY OF PLAINTIFFS, THEIR NEXT FRIENDS AND
PLAINTIFFS' WITNESSES SHOWING THE PROFOUND ROLE PLAYED BY
PERSONAL PREFERENCE IN RESIDENTIAL CHOICE
A. Testimony of Roy Snead (a black person)
[1668-70] CROSS-EXAMINATION by Mr. Hanover: Q. Mr. Snead,

let's first see if you and I can agree on something. You and I 
are in agreement that the period of time during which you went to 
school when education was segregated by race was not a good time; 
was it? A. That is correct. Q. But let's talk about now.
Would I be right if I described you as a man who is proud of his 
racial heritage? A. That is correct. Q. And a man who would 
like to pass that pride and heritage on to his sons? A. That's 
correct. Q. And you have conducted your life in part in an 
attempt to pass that pride on; is that right? A. That is 
correct. Q. And that has influenced where you chose to live 
with your family? A. That's correct. Yeah. Q. Do you believe 
that you have the right and the ability, if you so chose, to live 
anywhere in this area, if you could afford to buy a house? A. I 
believe I have the right and ability to live anywhere in the 
United States, if I so choose. Q. So do I. Let me ask you one 
other thing. In this Kansas City area, if you choose, you can 
live in a 100 percent black neighborhood; can't you? A. I 
could. Q. And if you choose, you could live in a 100 percent 
white neighborhood? A. I could. Q. And there is no government 
interference that you know that interferes with the place you 
choose to live; isn't that right? A. That's correct.

k k k

B. Testimony of Harold Brisco (a black person)

-48-



[1,559] Q. Mr. Brisco, do you believe that you could live 
anywhere in the Kansas City metropolitan area? A. Yes, I think
so. Q. Why do you presently live where you do? A. I got a good
deal on the house that I bought.

k k k

C. Designated Deposition of Plaintiffs' Next Friend Shelia 
Turrentine (a black person)

[4] Q. What is your name? A. Sheila Turrentine. Q.
Where do you live. A. 2424 Benton Boulevard.

k k k

[5] Q. Why did you select that place to live? A. Because 
it's close to the inner city, and that is where I like to live.
Q. Why? A. I don't know; it's just my preferene. That is
where I want to live. Q. Where did you live before you moved to
that address? A. 2402 East 23rd Street. Q. How far is that 
place from the place you currently live? A. About six or seven 
blocks.

k k k

[6] Q. How did you happen to select the place on 23rd 
Street when you moved there? A. There was an apartment for 
rent, and I just went in, and looked around, and decided that I 
wanted to live there. Q. One of the other reasons, I guess, is 
that it is in the inner city? A. Yes. Q. What do you mean 
when you say "inner city"? A. North of 27th Street between 
Troost and maybe Cleveland or Hardesty. Q. And south of what?
A. I don't know. South of maybe 12th Street, I guess. I don't 
know.

* * *

[12] Q. You tell me if I'm wrong about this, but I have 
tried to ask you as carefully as I can: You have never changed
your address for any reason that had to do with schooling; have 
you? A. No. Q. Do you believe that you could live anywhere 
you wanted to in the Kansas City area if you could afford it? A. 
Yes. Q. In other words, you know of no reason that would 
prevent you from living anywhere you wanted to? Except for 
money, I'm sure. A. No. Q. Do you know people who have moved 
from the inner city to the suburbs? A. What would you call the 
suburbs? Q. It is your turn; isn't it? A. Yes. Q. I do not 
know. Let's say south of 75th Street. A. Yes.

-49-



* * *

[13-14] Q. Inner city; you said you personally prefer to 
live in the inner city, and the inner city is largely a black 
neighborhood. Isn't that right? A. (Witness nods head.) Oh, 
yes. I'm sorry. Q. Have you ever considered moving somewhere 
and decided that you could not because of racial discrimination 
by somebody? A. No. Q. Am I correct in assuming that if you 
could live anywhere you wanted to if money was not a question -- 
if you could live anywhere you wanted to in the general Kansas 
City area, that you would choose to live in the inner city? A. 
Yes.

-50-



COUNSEL FOR APPELLEE SCHOOL DISTRICT

STINSON, MAG & FIZZELL
George E. Feldmiller, Esq.
Charles W. German, Esq.
Kirk T. May, Esq.
Daniel D. Crabtree, Esq.
920 Main Street 
Post Office Box 19251 
Kansas City, Missouri 64141 
816-842-8600

Counsel for North Kansas City School 
District, Grandview Consolidated 
School District C-4, Lee's Summit R-7, 
School District of the City of 
Independence and Fort Osage School 
District R-l and their superintendents
COCHRAN, TYREE, OSWALD, BARTON & 
MCDONALD

Robert McDonald, Esq.
Julius Oswald, Esq.
P.O. Box 550
Blue Springs, Missouri 64015 
816-836-8000

Counsel for Blue Springs 
Reorganized School District and its 
superintendent
DONALD C. EARNSHAW, Esq.

23 East 3rd Street
Lee's Summit, Missouri 64063
816-524-3428

Counsel for Grandview Consolidated 
School District C-4 and Lee's 
Summit R-7 and their superintendents
LAW OFFICES OF TIMOTHY BOSLER 

Timothy Bosler, Esq.
Tom Capps, Esq.
800 Westowne VII 
152 Highway & 219 Highway 
Liberty, Missouri 64068 
816-781-8171

Counsel for the School District of the 
City of Liberty and its superintendent



HUMPHREY & FARRINGTON
Norman Humphrey, Jr., Esq.
Kenneth B. McClain, Esq.
123 West Kansas Street 
Independence, Missouri 64050 
816-836-5050

Counsel for the School District of the 
City of Independence and Fort Osage 
School District R-l and their 
superintendents
KURANER, SCHWEGLER, HUMPHREY, LOWE & 
FISHMAN

Jeffrey L. Lucas, Esq.
500 Commerce Bank Bldg.
922 Walnut
Kansas City, Missouri 64106 
816-221-3443

Counsel for Hickman Mills 
Consolidated School District C-l 
and its superintendent
POPHAM, CONWAY, SWEENEY, FREMONT & 
BUNDSCHU

Hollis H. Hanover, Esq.
1300 Commerce Bank Bldg.
922 Walnut
Kansas City, Missouri 64106 
816-221-2288

Counsel for Center School District and 
its superintendent
SHOOK, HARDY & BACON 
Gene E. Voigts, Esq.
Gary L. Whittier, Esq.
1101 Walnut
Mercantile Tower - 20th FI.
Kansas City, Missouri 64106 
816-474-6550

Counsel for Raytown Consolidated 
School District C-2 and its 
superintendent
SWANSON, MIDGLEY, GANGWERE, CLARKE & 
KITCHIN

James H. McLarney, Esq.
Lawrence M. Maher, Esq.
1500 Commerce Bank Bldg.
922 Walnut
Kansas City, Missouri 64106 
816-842-9692

Counsel for Park Hill Reorganized 
School District R-4 and its 
superintendent



WITHERS, BRANT & HOWARD 
Conn Withers, Esq.
Commercial Bank Bldg.
17 East Kansas Street 
Liberty, Missouri 64068 
816-781-4788

Counsel for the North Kansas City 
School District and its superintendent



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