Letter from Atty Gen. Morgan to Judge Craven Jr. RE: Qualification for 3-Judge Panel

Public Court Documents
March 12, 1970

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Letter from Atty Gen. Morgan to Judge Craven Jr. RE: Qualification for 3-Judge Panel preview

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  • Case Files, Swann v. Charlotte-Mecklenburg Hardbacks. Letter from Atty Gen. Morgan to Judge Craven Jr. RE: Qualification for 3-Judge Panel, 1970. 1911e5a9-2e34-f111-88b4-7c1e526962fd. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ff7d2e26-9855-46c4-ad02-2d01a5a698c6/letter-from-atty-gen-morgan-to-judge-craven-jr-re-qualification-for-3-judge-panel. Accessed June 03, 2026.

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     [||27c3f372-6e74-4125-b74b-e45c546c2689||] : Selat NS aad Tl Den ROBERT MORGAN Stale nf Nurtl Tarplina 
ATTORNEY GENERAL g my 4 

Heparhiment of Justice 

P. O. Box 629 

RALEIGH 

27602 

12 March 1970 

The Honorable J. Braxton Craven, Jr. 
Judge of the United States Court of Appeals 

for the Fourth Circuit 

P. O. Drawer 491 

Asheville, North Carolina 28802 E
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Re: Swann, et al. v. Charlotte- Mecklenburg Bard of 
Education, North Carolina State Board of Education, 
et al. 

Dear Judge Craven: 

We have just received copy of your letter relating to 28 USC 47. 
We have also read copy of letter to you signed by Mr. J. Levonne 

Chambers, of Counsel for the Plaintiffs. 

As you know, this office represents the State defendants: North 

Carolina State Board of Education, State Superintendent of Public 
Instruction, Governor Robert W. Scott, and A. C. Davis, Controller 
oi the State Board of Education; and also the Honorable William K. 
McLean, Judge of the Superior Court, and the Honorable James H. 

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We certainly agree that you are not at all disqualified from sit- 

ting as one of the Judges on the 3-Judge Panel which is to hear this case 

on March 24, 1970, at Charlotte, North Carolina. 

As to your sitting as a Circuit Judge on the appeal of the Local 
Board of Education from certain orders of Judge McMillan, we are not J

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“back in the early part of the year 1965, is not before the 

The Hon. J. Braxton Craven, Jr. 
12 March 1970 

Page 2 

parties to that appeal and express no official opinion. As a personal 

opinion, the writer feels that your judicial action as a District Judge 

1e Circuit 
Court for consideration, and, therefore, you would nd be disqualified 
to sit as a Circuit Judge. 

Yours very truly, 

ROBERT MORGAN 
Attorney General 

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3 RL I Bly 
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Ralph Moody | 
Deputy Attorney General | 

RM:cap 

ccs: To Counsel of Interested Parties. [||27c3f372-6e74-4125-b74b-e45c546c2689||]

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