Plaintiffs' and Defendants Revised Stipulations of Fact

    Nos. 99-1864 and 99-1865 

  

  

In the 

Supreme Court of the United States 

  

JAMES B. HUNT, JR., et al. 

Appellants, 

and 

ALFRED SMALLWOOD, et al. 

Appellant-Intervenors 

V. 

MARTIN CROMARTIE, et al. 

Appellees. 

  

ON APPEAL 

  

APPLICATION TO EXCEED PAGE LIMIT 

  

To the Honorable William H. Rehnquist, Chief Justice of the United States and Circuit 

Justice for the Fourth Circuit: 

Pursuant to Supreme Court Rule 33(1)(d), Appellees respectfully apply for an extension 

by 10 pages of the length allowed for their Brief on the Merits. In support of their application 

Appellees show the Court the following: 

(1) The appeal arises in a very extensive factual record and the facts required detailed 

discussion. 

(2) Appellants and Appellant-Intervenors have submitted lengthy Briefs on the 

Merits, 50 and 36 pages respectively, and two amici, the Solicitor General and the 

 



  

2 

ACLU, have also submitted extensive briefs of 30 pages each. 

3) Despite extensive efforts by Appellees to prepare a Brief on the Merits that will be 

for no more than 50 pages in length and will adequately cover the issues, they 

have been unable to do so. 

4) Appellants’ Counsel of Record has indicated through her paralegal that Appellants 

oppose this Application to Exceed Page Limit. Counsel for Appellees attempted 

to contact Counsel of Record for Appellant-Intervenors the morning of October 2, 

2000, but these attempts were unsuccessful. 

(5) Because of the “extraordinary circumstances” it will be in the interest of justice to 

allow Appellees’ requested extension of length by up to ten pages. 

Wherefore Appellees respectfully pray that their Application to Exceed Page Limit to 60 

Pages be granted. 

Respectfully submitted this 2" day of October, 2000 

slovenia 
Ry: LIA A. 7lybhats 
  

ROBINSON O. EVERETT ¢ 
(Counsel of Record) 

SETH A. NEYHART 

EVERETT & EVERETT 

P.O. Box 586 

Durham, NC 27702 

(919) 682-5691 

 



  

a 
o 

MARTIN B. MCGEE 

WILLIAMS, BOGER, GRADY, 

DAVIS & TUTTLE 

708 McClain Rd. 

Kannapolis, NC 28081 

(704) 932-3157 

DOUGLAS E. MARKHAM 

P.O. Box 130923 

Houston, TX 77219-0923 

(713) 655 - 8700 

 



  

CERTIFICATE OF SERVICE 

I certify that I have this day served the foregoing Application to Exceed Page Limit by fax 

and by U.S. mail to the following addresses: 

Ms. Tiare B. Smiley, Esq. 

Special Deputy Attorney General 

North Carolina Department of Justice 

114 W. Edenton St., Rm 337 

P.O. Box 629 

Raleigh, NC 27602 

Phone # (919) 716-6900 

Mr. Todd A. Cox 
NAACP Legal Defense & Educational Fund, Inc. 

1444 Eye Street, NW 10" Floor 
Washington, DC 20005 

(202) 682 -1300 

This the 2™ day of October, 2000 

Postar OC 
Bre Jo ZX. JlopharX™ 
  

Robinson O. Everett / 

Lead Counsel for Appellees