Fax to Smiley from McGee RE: Letter concerning objections to stipulations 33 and 34

Correspondence
November 26, 1999

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Fax to Smiley from McGee RE: Letter concerning objections to stipulations 33 and 34 preview

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Impact area
- Political Participation
Topic
- Redistricting
Matter
- Cromartie v. Hunt (Daly v. Hunt)
Case
- Cromartie v. Hunt (Daly v. Hunt)
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 7b8631e2-dc0e-f011-9989-002248226c06

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Case Files, Cromartie Hardbacks. Fax to Smiley from McGee RE: Letter concerning objections to stipulations 33 and 34, 1999. 7b8631e2-dc0e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c8eaef01-a44a-4cf1-b732-202ab68ebd69/fax-to-smiley-from-mcgee-re-letter-concerning-objections-to-stipulations-33-and-34. Accessed November 19, 2025.

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    EVERETT GASKINS/DURHAM nd Nov 26°99 12:12 No.006 P.02 

EvEreTrT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

SUITE 300 
R.O. EVERETT (1878-1971) 301 W. MAIN STREET 
KATHRINE R, EVERETT (1893-1992) 
ROBINSON O, EVERETT P.O.8OX 538 TEL: (919) 662-5801 DAWN T. BATTISTE Durram, NORTH CAROLINA 27702 FAX: (919) 682-5489 
SANDRA G. HERRING 

  

OF COUNSEL 
ROBERT D. HOLLEMAN 

OF COUNSEL 
CRAIG M. KABATCHNICK 

(ADMITTED N.C., D.C.) November 26, 1999 

Yia Fax 
716-6763 

Ms. Tiare Smiley 
N.C. Department of Justice 
Raleigh, North Carolina 

RE: Objection to Stipulations 33 and 34 

Dear Tiare: 

In response to your objection to Stipulations 33 and 34, 1 am forwarding herewith our 
notes on these points. The raw data was obtained by Marty McGee from Dan Frey last week. 
See also Deposition Exhibit 68. The information that is circled on the attached note was given to 

Marty by Mr. Frey and is in Mr. Frey's own handwriting, I should also note that these figures are 
also the basis for the information contained in Stipulation 35, to which you have not objected. 

The formula that can be used to reach the conclusions contained in these stipulations is a 
follows: 

(1)  Stip. 33: African-Americans in 1992 District 12 (312,791) minus African- 
Americans moved from District 12 (80,467) when the 1997 plan was adopted 
divided by the number of African-Americans in 1997 version of District 12 
(257.644) equals percentage of African-Americans that are in the 1997 12" that 
were also in the 1992 12% (90.17%). 

(2)  Stip 34: Whites in 1992 District 12 (230,888) minus whites moved from District 
12 (91,844) when the 1997 plan was adopted divided by the number of whites in 
1997 version of District 12 (284,799) equals percentage of whites that are in 1997 
12® that were also in the 1992 12" (48.82%). 

If you believe that the data or calculations used to create Stipulations 33 and 34 are 
incorrect, please let us know. Otherwise, we would appreciate your reconsidering your objection 
to these stipulations or, at a minimum, to the raw statistics we obtained from the State to 
formulate these points. 

 



EVERETT GASKINS/DURHAM TEL :948-682-5469 Nov..26°99 12:12 Not. O08 P03 

If you will not reconsider these stipulations, then we will need to subpoena Dan Frey and 
add him to our witness list, 

I will be out of the office this afternoon, so please discuss this matter with Doug or Marty 
when it is convenient for you. 

. Everett 

 



   

  

EVERETT GASKINS/DURHAM TEL: oe 5469 Noy 26799 12:13 No. 006:P .04 

  

  

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   EVERETT GASKINS DURHAM 

    

TEL 

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EvErReTrT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

SUITE 300 
R.O. EVERETT (1878-1071) 301 W. MAIN STREET KATHRINE A. EVERETT (1893-1992) P.O. BOX 536 ROBINSON O. EVERETT 
DAWN T. BATTISTE Duauam, NorTH CaRroLina 27702 
SANDRA G. HERRING 

  

OF COUNSEL 
ROBERT DO. HOLLEMAN 

QF COUNSEL 
CRAIG M. KABATCHNICK 
(AOMITTED N.C., D.C) 

To: Ms. Tiare Smiley, via fax to 716-6763 
Mr. Adam Stein, via fax to 967-4953 
Mr. Todd Cox, via fax to 202-682-1312 

From: Robinson Everett, Marty McGee, Doug Markham or Seth Neyhart 

Subject: 

Date: November 26. 1999 

Approximate Pages: 2.4 loves 

Tia VC) 

1919-682-5469 Nov 26°99 12:11: Nag.006 P.01 

TEL: (919) 682-5601 
FAX: (010) 682-5489 

ZT am itil heve wt. on fe ble 

CMcevin'a ) Yoo Ob) pet'onn fe Sts. 33 

BY ni ule fviinding ow py fo 

Mr. Stein = My. Cox.

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Fax to Smiley from McGee RE: Letter concerning objections to stipulations 33 and 34

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