Plaintiffs' Response to Defendants' Motion to Suspend with the Printing of Appendix

     [||f60da7c6-5be2-4ba7-9e4c-5267ea247103||] IN THE 

UNITED STATES COURT OF APPEALS 

FOR THE 

POURTH CIRCUIT 

  

JAMES E. SWANN, et al., 

Appellees, 

N. 

CHARLOTTE-MECKLENBURG 

BOARD OF EDUCATION, et al., 

Appellants. 

  

PLAINTIFFS' RESPONSE TO DEFENDANTS' 
MOTION TO SUSPEND WITH THE PRINTING OF APPENDIX 
  

Appellants have moved the Court to suspend with the 

requirements of an appendix in this appeal and to permit the 

appellants to reproduce the orders of the Court and certain 

papers filed by the appellants. Appellees respectfully submit 

that this Motion should be denied. As grounds for the object- 

ion, appellees respectfully show the Court the following: 

In order for the Court of Appeals to properly understand 

the matters involved in this appeal, it is imperative that the 

Court consider the evidence before the District Court. 

The District Court had before it evidence of racially 

discriminatory practices by the School Board and other 

governmental and public officials in creating a racially 

segregated school system and a racially segregated community. 

    
 



  
    

Much of the evidence before the District Court consisted of 

testimony and exhibits. In order to insure a fair review of 

the appeal in this case for all parties, the relevant portions 

of the evidence before the District Court should be before 

the Court on appeal. 

While all parties have been involved in the preparation 

of matters in connection with this case, it would deprive the 

appellees of a fair and impartial review of the appeal in this 

case to suspend the requirements for an appendix and to permit 

the Board to submit only information that it has submitted to 

the District Court. 

Even at this date, it is possible for the appellants to 

prepare the appendix for review in this Court to be submitted 

on April 7, 1970. Rule 30-F of the Federal Fules of Appellant 

Procedure permits a Court of Appeals to dispense with the 

requirements of an appendix by specific orders but with the 

requirement that additional copies of the original record, or 

relevant parts thereof be submitted. Only one copy of the 

original record has now been submitted and it would be far 

easier to reproduce the appendix as the ZoLellens have re- 

quested then extra copies of the original record. 

Appellees seek here only a fair appraisal of the evidence 

before the District Court and respectfully submit that this would 

require reproduction of the appendix in order that each member 

of the Court may have before it the evidence submitted by the 

District Court. 

WHEREFORE, appellees respectfully pray that the Court 

deny the Motion of the appellants, requesting that this Court 

dispense with the requirements of an appendix and permit the 

appeal to be heard on the original record with copies of the 

orders of the District Court and evidence presented by the 

a 

  

  

  
 



    
  

  

appellants. Appellees further pray that the Court direct the 

appellants to reproduce the appendix as required by Rule 30 

with the counter designation submitted by the appellants. 

Respectfully submitted, 

4 i. hl 
as 

ny 

   
    

* I O. PEARSON 

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

CHAMBERS, STEIN, FERGUSON & LANNING 

216 West Tenth Street 
Charlotte, North Carolina 

JACK GREENBERG 

JAMES M. NABRIT, III 

NORMAN CHACHKIN 

10 Columbus Circle 
New York, New York 

Attorneys for Appellees   

  
 



  

CERTIFICATE OF SERVICE 
  

I The undersigned hereby certifies that copies of the 

foregoing Response have been served upon counsel for the 

appellants by depositing copies of same in the United States 

mail, postage prepaid and addressed to: 

Mr. William J. Waggoner 
Weinstein, Waggoner, Sturges, Odom & Bigger 
Attorneys at Law 

1100 Barringer Office Tower 
Charlotte, North Carolina 

and 

Mr. Benjamin S. Horack 
Ervin, Horack and McCartha ; 
Attorneys at Law 
806 East Trade Street 
Charlotte, North Carolina 

A 

This _[Fhaay Of March, 1970, 

0 
Ns nnassY [||f60da7c6-5be2-4ba7-9e4c-5267ea247103||]