Notice of Appeal to the Supreme Court of the United States; Bond for Costs on Appeal

     [||21da32da-9653-4e01-b17c-9b1db68c1ef1||] IN THE DISTRICT COURT OF THE UNITED STATES 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

Charlotte Division 
  

JAMES E. SWANN, et al., 

Plaintiffs, 

v 
  

CIVIL ACTION NO. 1974 

CHARLOTTE-MECKLENBURG B OARD OF 

EDUCATION; NORTH CAROLINA STATE 

BOARD OF EDUCATION; DR. A. CRAIG 

PHILLIPS, Superintendent of Public 
Instruction; HONORABLE ROBERT W. 
SCOTT, Governor of the State of 

North Carolina; HONORABLE A. C. 
DAVIS, Controller of the State 
Board of Education; HONORABLE 
WILLIAM K. McLEAN, Judge of the 

Superior Court of Mecklenburg 
County, et al., 

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EERE EERRRREIEE ERR REXRR ARIZ IRR ARR kk rt hhh rhhkihhikRXi hx %% 

NOTICE OF APPEAL TO THE 

SUPREME COURT OF THE UNITED STATES 
  

  

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On June 22, 1970, a final judgment was entered by the 

Three-Judge District Court in this cause. In the final judgment 

it was ordered, adjudged and decreed that a portion of Section 

115-176.1 of the General Statutes of North Carolina, quoted in the 

judgment, was held to be unconstitutional, void and of no effect. 

The Defendants, Honorable Robert W. Scott, Governor of 

the State of North Carolina; Honorable A. C. Davis, Controller of 

the State Department of Public Instruction; Winrionehle William K. 

McLean, Judge of the Superior Court of Mecklenburg County; the North 

Carolina State Board of Education, a public body corporate; and 

Dr. A. Craig Phillips, Superintendent of Public Instruction of the 

State of North Carolina, do hereby give notice of appeal, and do 

hereby appeal, from such judgment to the Supreme Court of the United 

States. 

      
   



  

This appeal is taken, and this notice of appeal is 

entered, pursuant to the provisions of 28 USC1l253, this J l-   

day of July, 1970. 

Lol dome tens) 
Attorney General of North Carolina 

£4 
; 

2 

oli, FTORINE 1, 

Deputy Attorney General of | 7 
North Carolina 

  

  

Ji Yay 4, ie Ih 
Assistant Attorney General of in 
  

North Carolina 

    EE UIs lll a iat allt gb sre Coots ue ch obi Coates 

 



IN THE DISTRICT COURT OF THE UNITED STATES 
FOR THE WESTERN DISTRICT OF NORTH CAROLINA 

  

Charlotte Division 
  

JAMES E. SWANN, et al., 

  

ok 

J 
Plaintiffs * 

X 
Vv. * 

| 
CHARLOTTE-MECKLENBURG * 

BOARD OF EDUCATION, a public Fy 

body corporate; WILLIAM E. POE; x 
HENDERSON BELK; DAN HOOD; desis 
BEN F. HUNTLEY; BETSEY KELLEY; BL ~ 

COLEMAN W. KERRY, Jr.; JULIA Thos. A Rhodes. 07a 
MAULDEN; SAM McNINCH, III; U. 8. District Cores 
CARLTON G. WATKINS; THE NORTH Wo. ist. of : 

CAROLINA STATE BOARD OF EDU- ol 

CATION, a public body corporate; and I 

DR. A. CRAIG PHILLIPS, Superintendent %* 
of Public Instruction of the State of North | 
Carolina, * 

Defendants 1 

| and * CIVIL ACTION NO. 194 

| 1 
HONORABLE ROBERT W, SCOTT, % 

| Governor of the State of North Carolina; I 

HONORABLE A. C. DAVIS, Controller * 

| of the State Department of Public 1 
% Instruction; HONORABLE WILLIAM K. 

McLEAN, Judge of the Superior Court { 

of Mecklenburg County; TOM B. HARRIS; * 

G. DON ROBERSON; A. BREECE BRELAND; 1 
JAMES M. POSTELL; WILLIAM E. RORIE, es 

Jr.; CHALMERS R. CARR; ROBERT T. X 
WILSON; and the CONCERNED PARENTS % 

ASSOCIATION, an unincorporated asso- | 

ciation in Mecklenburg County; JAMES i 

CARSON and WILLIAM H. BOOE, y 
* 

( Additional ) Parties-Defendant. { 
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BOND FOR COSTS ON APPEAL 
  

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We, the undersigned defendants in the above entitled cause, as 

principals, North Carolina State Board of Education, A. Craig Phillips, 

Superintendent of Public Instruction, Robert W. Scott, Governor of North 

Carolina, A. C. Davis, Controller of the State Board of Education, William 

TR EE Fo Eo ye YE ey ER TRA I ; .  —.,. h aces toe a en JR on os le CE hv ’ 
        

 



  

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K. McLean, Judge of the Superior Court, and van Ena 

/ (2, 

an Og WE A dt e., p ) AS Surety, 

do hereby undertake and agree and bind ourselves to the Clerk of the 

  

  

District Court of the United States for the Western District of North 

Carolina in the amount of Two Hundred Fifty ( $250.00 ) Dollars, that 

in the event the defendants fail in their appeal to the Supreme Court of the 

United States, then we will pay to the aforesaid Clerk of Court such court 

costs up to the foregoing said amount, as may be assessed against the 

defendants herein by reason of this appeal. 

This the / $7— day of July, 1970. 
  

The North Carolina State Board of Education 

By: WES (once eho 

a CR a eo td ad 
% Dam Hadas 

Dr. A. Craig oot J Superintendent of 

  

  

     
  

Public Instruction of the State of North 

Carolina. 

gan Sen 2%) is 
( ) oD AA 11]. LD 4 
Robert W. Scott, Gover po of Ihe State of Ne 

North Carolina. EY = he Lh Tio 4 , heft C 

: 7 hh 

c. reli & Unie nee 

ALC. OE Controller of the State Bonnd 

of Toseation, 
; X iif EER ER TNA tf 

( 1), PV rhiiaang Giro X (CF Dl 
William K. Metean, J a of oe Siprtor i 

Court. Lh . (Rpipt. a er ii “Zi \ 
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PRINCIPALS 

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SURETY a eg = 

The foregoing bond is approved and accepted and filed, this the 

  

  

  

  

  PR ES AE SY RR J eT RR AE ENT ==. - —— a I hhh, A Shas ex aed ta FORTIET ry | # : 

 



i 

  

day of July, 1970. 
  

  

Clerk of the District Court of the 
United States for the Western 

District of North Carolina. 

 



    

GREAT AMERICAN INSURANCE COMPANY 
The number of persons authorized NEW YORK, NEW YORK 
by this power of attorney is not No. 0-7365 
more than THREE POWER OF ATTORMNEY 

KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation 
organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and 
appoint the person or persons named below its true and lawful attorney-in-fact or attorneys-in-fact, for it and in its name, 
place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of 
suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship ex- 
ecuted under this authority shall not exceed the limit stated below. ¢ 

Name Address Limit of Power 

W. W. WILLIAMS, JR. ALL OF ALL $100 ,000, 

MARION M. FULLER, JR. RALEIGH, NORTH CAROLINA 

> ROSE J. WATKINS 
| 
! 

This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. 

IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed 
and attested by its appropriate officers and its corporate seal hereunto affixed this 15 day of October 1%9 - 

Attest: GREAT AMERICAN INSURANCE COMPANY 

SP ae EL BE    Secretary i 
Vice President 

STATEOF NEW YORK, COUNTY OF NEW YORK - ss: 

On this 15th day of October,1969 | before me personally appeared T. H. BIVIN, to me known, 
being duly sworn, deposes and says that he resided in the County of Nassau, State of New York, that he is the Vice 

President of the Great American Insurance Company, the Company described in and which executed the above instrument; 
that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it 
was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by 
like authority. 

oo, 
~~ 

) sor Ly 
RINT Sorel. NOTARY PUBLIC, STATE OF NEW YORK 

: »* : rd en ps NO. 60-8273850 WESTCHESTER COUNTY 

oe 
CERT. FILED IN NEW YORK COUNTY 

  

Fr os 
COMMISSION EXPIRES MARCH 30, 1970 

This Power of Attorney is granted under and by authority of Article IV of the By-Laws of the Company, extracts of 
which read as follows: 

ARTICLE 1V. 

Officers: Powers and Duties. 
Section 4....The President...shall also have power and authority, from time to time, to appoint and fix the compensa- 

tion of one or more attorneys-in-fact, to prescribe their respective duties and the respective limits of their authority 

and to revoke any such appointment, at any time, in his discretion. 
Section 5....the several Vice Presidents...shall act, in the order of their appointment, in the place of the President 

exercising all his powers and performing bis duties, during his absence or disability. 

This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution 
adopted by the Board of Directors ot the Great American Insurance Company at a meeting duly called and held on the 
Sth day of May, 1965. : 

RESOLVED, that the signature of any officer authorized by the By-Laws and the Company seal may be affixed by 

facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execu- 

tion of any bond, undertaking, or contract of suretyship, such signature and seal, when so used being hereby adopted 

by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding 
upon the Company with the same force and effect as though manually affixed. : 

CERTIFICATION 

I, W. C. BECK, Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of 

Attorney, the above quoted abstracts of Sections 4 and 5 of Article IV of the By-Laws, and the Resolution of the Board of 

: ‘ 4 

1 
a 

Directors of May 5, 1965, have not been revoked and i in full force and effect. 

. | oN L.. 1,, 
Signed and sealed this Ja day of i 19 

rd oa 

zee fat 
* Secretary [||21da32da-9653-4e01-b17c-9b1db68c1ef1||]