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BENJAMIN S. HORACK
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PAPERS, 1952-1971
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UNCC MANUSCRIPT COLLECTION 42
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| Contents: |
Collection Information |
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Scope and Content Note |
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Series Descriptions and Container Lists |
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1: U.S. District Court Proceedings (1968-1970). |
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2: U.S. Circuit Court of Appeals Proceedings
(1970). |
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3: U.S. Supreme Court Proceedings (1970). |
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4: Research Material (1952, 1965-1970). |
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5: Clippings (1969-1970). |
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6: Data on Proposed $8,000,000 Bond (1970-1971). |
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7: Newspapers and Magazines (1918-1984).
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Size:
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6 linear feet (ca. 800 items, including 58 volumes). |
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| Locales: |
Charlotte (N.C.). |
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| Bulk Dates: |
1968-1971 |
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| Languages: |
English. |
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| Summary: |
Papers of a Charlotte attorney relating to his defense of
the CharlotteMecklenburg Board of Education in the landmark case, Swann
v. Charlotte-Mecklenburg Board of Education, in which the U.S. Supreme Court
ruled that busing to achieve racial integration of public schools is constitutional.
Consists primarily of legal documentation of proceedings and briefs prepared
by defendants and plaintiffs for presentation to the U.S. District Court
for Western North Carolina, the Fourth Circuit Court of Appeals, and the
Supreme Court. Also includes maps of proposed attendance zones, notes and
correspondence, data on pupil placement plans and school transportation
costs, clippings, and material relating to previous desegregation cases
and to satellite suits, especially involving the North Carolina anti busing
statute. |
| Index Terms: |
Busing for school integration--North Carolina--Charlotte. |
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Charlotte (N.C.)--History. |
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Charlotte-Mecklenburg Board of Education--Trials, litigation,
etc. |
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Civil rights--North Carolina--Charlotte. |
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Horack, Benjamin S. (Benjamin Shambaugh), 1917- . |
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School integration--North Carolina--Charlotte. |
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Swann, James E.--Trials, litigation, etc. |
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| Sources: |
Gift of Benjamin S. Horack, 1979, 1997. |
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| Access: |
Unrestricted. |
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| Copyright: |
Not held by UNC Charlotte Library. |
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| Citation: |
Benjamin S. Horack Papers, University of North Carolina at
Charlotte Library. |
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| Contact Information: |
For more information about this collection, please contact:
Special Collections Department
J. Murrey Atkins Library
University of North Carolina at Charlotte
9201 University City Blvd.
Charlotte, NC 28223-0001
E-mail: speccoll@email.uncc.edu
Telephone: (704) 687-2449
Fax: (704) 687-2232 |
| Related Collections: |
Fred
D. Alexander Papers (UNCC Manuscript 91). |
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Kelly
M. Alexander Papers (UNCC Manuscript 55). |
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Julius
L. Chambers Papers (UNCC Manuscript 85). |
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Reginald
A. Hawkins Papers (UNCC Manuscript 125). |
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Margaret
Whitton Ray Papers (UNCC Manuscript 131). |
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William
J. Waggoner Papers (UNCC Manuscript 221). |
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James B. McMillan Papers, UNC-Chapel Hill (SHC #4676). |
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| Compilers: |
Additions processed by James Kusik, 2001. |
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| These papers primarily trace the progress of
the case through the U.S. District Court, the U.S. Circuit Court of Appeals,
and the U.S. Supreme Court through dockets filed with the various courts
and through clippings about the case. The collection also documents similar
desegregation cases but does not include significant documentation on Horack's
formulation of his defense tactics. Most of the material is in photocopied
or in printed form. The Benjamin S. Horack Papers are divided into the following
series: |
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| Series: |
1: U.S. District Court Proceedings (1968-1970). |
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2: U.S. Circuit Court of Appeals Proceedings
(1970). |
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3: U.S. Supreme Court Proceedings (1970). |
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4: Research Material (1952, 1965-1970). |
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5: Clippings (1969-1970). |
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6: Data on Proposed $8,000,000 Bond (1970-1971). |
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7: Newspapers and Magazines (1918-1984).
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| Series 1 through 3 contain material relating
to the particular court having jurisdiction over the case at the time the
material was created or for which the material was prepared. Also documents
the progress of subsidiary related suits regarding the North Carolina Anti
Busing Statute and related cross petitioning. Includes orders, motions,
memoranda of opinion, findings of fact, briefs and arguments, briefs amici
curiae, affidavits and depositions, exhibits, and other dockets. Also included
are briefs of petitioners and respondents, amici curiae, and other documentation.
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| Series 4 contains documentation relating to
other school desegregation cases and assorted correspondence, memoranda,
research notes and data. Series 5 contains newspaper clippings documenting
the case. Series 6 relates to a Mecklenburg County school bond issue affected
by the pending litigation. [For a historical synopsis of Swann, see the
Julius L. Chambers Papers.] Series 7 contains newspapers and magazines documenting
major historical events. |
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SERIES DESCRIPTIONS
AND CONTAINER LISTS
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| Series 1: U.S. DISTRICT
COURT PROCEEDINGS (1968-1970) |
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| This series is comprised primarily of official
court docket entries, arranged chronologically, reflecting the proceedings
of the U.S. District Court during its jurisdiction over the original Swann
case and, through a special three judge court, over the satellite cases
of Tom Harris, Mrs. Robert E. Moore, and the North Carolina Board of Education
regarding the North Carolina anti busing statute. |
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| Box:Folder |
Contents |
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| 1:1-4 |
U.S. DISTRICT COURT PROCEEDINGS ORIGINAL SWANN PETITION:
includes Judge James B. McMillan's major rulings throughout the proceedings
(4-23, 6-20, 8-15, 12-1-69, 2-5, and 8-3-70) [final ruling marked with Horack's
notes]. |
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| 1:5-9 |
OFFICIAL COURT DOCKETS (6/8-10/5/70): includes a nearly complete
set of the defendant's exhibits (7-22-70; folder 7). |
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| 1:10 |
MISCELLANEOUS DOCUMENTS |
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| 1:11-13 |
ATTENDANCE MAPS 1-3 |
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| 1:14-15 |
SATELLITE SUITS AND THREE JUDGE COURT OFFICIAL COURT DOCKETS
(1969-70): includes dockets relating to satellite suits of Mrs. Robert E.
Moore and Tom Harris against the Charlotte Mecklenburg Board of Education,
and the North Carolina Board of Education against James E. Swann, et al.
The material documents the progress of these cases in the Mecklenburg County
Superior Court, the efforts to bring the suit under federal jurisdiction,
the placement of the petitioners as additional parties defendant, the designation
of a three judge district court under McMillan, J. Braxton Craven Jr., and
John D. Butzner, arguments concerning McMillan's membership on the three
judge court, and the court's ruling that the North Carolina anti busing
statute is unconstitutional. |
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| Series 2: U.S. CIRCUIT
COURT OF APPEALS PROCEEDINGS (1970) |
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| This series is comprised primarily of printed
briefs prepared by the defendants and the plaintiffs for presentation to
the U.S. Circuit Court of Appeals in May, 1970. |
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| Box:Folder |
Contents |
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| 1:16 |
U.S. CIRCUIT COURT OF APPEALS PROCEEDINGS and BRIEF OF APPELLANTS
AND APPENDIX TO BRIEF I |
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| 1:17 |
BRIEF OF SWANN ET AL |
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| 2:1 |
BRIEFS AMICUS CURIAE |
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| 2:2-10 |
BRIEFS OF APPELLANTS, APPENDIX II |
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| 2:14 |
MISCELLANEOUS DOCKETS AND RELATED CORRESPONDENCE (1970):
includes "Statement of the US Commission on Civil Rights Concerning
the 'Statement by the President on Elementary and Secondary School Desegregation,'"
analyzing President Nixon's speech (3-24-70) on school integration; and
Judge Craven's letter (3-11-70) to involved parties questioning whether
he should sit on the circuit court because of his previous ruling on Swann
in 1965. |
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| Series 3: U.S. SUPREME
COURT PROCEEDINGS (1970) |
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| This series is comprised of material relating
to the appeals of the original Swann suit from the Circuit Court of Appeals,
and of the satellite suits from the three judge court, to the U.S. Supreme
Court. The decisions of these two courts were appealed separately, and related
material in this series is grouped according to route of appeal; however,
these suits and two similar ones from Georgia and Alabama were heard together
by the Supreme Court on October 12, 1970. Material consists of printed briefs
prepared by representative firms for presentation to the Supreme Court and
correspondence and related docket entries, particularly concerning the transfer
of evidence to the Supreme Court (answering the Writ of Certiorari), the
filing of briefs amici curiae and the efforts to have the Swann suit and
the satellite suits heard together. Also includes the attendance maps used
as an exhibit during the Supreme Court hearing. |
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| Box:Folder |
Contents |
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| 2:11 |
U.S. SUPREME COURT PROCEEDINGS- APPEAL FROM U.S. CIRCUIT
COURT |
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| 2:11 |
BRIEFS RELATING TO DEFENDANT'S PETITION FOR WRIT OF CERTIORARI |
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| 2:12 |
PLAINTIFF'S PETITION FOR WRIT OF CERTIORARI, AND APPENDIX
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| 2:13 |
BRIEF OF PETITIONERS |
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| 2:16-17 |
BRIEF OF RESPONDENTS |
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| 3:1 |
REPLY BRIEF FOR PETITIONERS |
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| 3:2 |
PETITION FOR REHEARING |
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| 2:15 |
BRIEFS AMICI CURIAE |
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APPENDIX TO DEFENDANT'S BRIEF |
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| 3:3 |
TRANSCRIPT OF PROCEEDINGS (10-70) |
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| 3:4 |
OPINIONS OF THE U.S. CIRCUIT COURT OF APPEALS |
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| 3:5 |
CORRESPONDENCE AND RELATED DOCKET ENTRIES (1970) |
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| 3:6 |
U.S. SUPREME COURT PROCEEDINGS APPEAL FROM THREE JUDGE COURT
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| 3:6 |
BRIEF OF APPELLANTS (NORTH CAROLINA BOARD OF EDUCATION) |
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| 3:7 |
APPENDIX TO APPELLANT'S BRIEF |
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| 3:8 |
BRIEF OF APPELLEES (SWANN) |
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| 3:8 |
STATEMENT AS TO JURISDICTION |
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| 3:8 |
MOTION TO DISMISS OR AFFIRM |
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| 3:9 |
BRIEF FOR APPELLANTS (MRS. R. E. MOORE, ET AL) |
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| 3:10 |
BRIEF FOR APPELLEES (CHARLOTTE MECKLENBURG BOARD OF EDUCATION) |
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| 3:11 |
BRIEFS AMICUS CURIAE |
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| 3:11 |
JURISDICTIONAL STATEMENT |
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| 3:12-13 |
CORRESPONDENCE, RELATED DOCKET ENTRIES, AND NOTES (1970,
n.d.) |
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| Series 4: RESEARCH
MATERIAL (1952, 1965-1970) |
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| This series contains material collected by Horack
in his preparation for the defense of the Charlotte Mecklenburg Board of
Education. Folders 3:14-4:6 (11 folders) consist of photocopies of articles
and assorted printed briefs relating to other school integration cases,
grouped according to the level of federal court in which decisions regarding
these cases were made. Includes briefs (folder 11) for two of the satellite
cases heard with Swann in the Supreme Court: Birdie Mae Davis, et al. v.
Board of School Commissioners of Mobile County; and Charles McDaniel v.
Joseph Baressi. Folders 4:7-8 contain assorted correspondence between Horack
and his colleagues regarding collection and collation of information and
commenting on various court actions; data on pupil placement plan and on
school transportation costs, and assorted notes by Horack interpreting these
statistics. Includes Congressional Record (2-10-70) containing Senator Sam
Ervin Jr.'s comments on busing for racial integration; and Horack's analyses
of McMillan's opinions (4-23-69 and 3-19-70); his notes (3-19-70) on the
deposition of North Carolina Attorney General Robert Morgan; and an overview
(2-25-70) of the major actions thus far in the Swann case. |
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| Box:Folder |
Contents |
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| 3:14-16 |
OTHER SCHOOL INTEGRATION CASES U.S. DISTRICT COURTS (1960-70,
n.d.) |
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| 3:17-4:1 |
OTHER SCHOOL INTEGRATION CASES U.S. COURT OF APPEAL, FOURTH
CIRCUIT and ASSORTED PRINTED BRIEFS (1952, 1965-70, n.d.) |
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| 4:2-3 |
OTHER SCHOOL INTEGRATION CASES U.S. COURT OF APPEALS, FIFTH
CIRCUIT (1962-70, n.d.) |
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| 4:4 |
OTHER SCHOOL INTEGRATION CASES U.S. COURT OF APPEALS, EIGHTH
AND TENTH CIRCUITS (1967-70, n.d.) |
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| 4:5-6 |
OTHER SCHOOL INTEGRATION CASES U.S. SUPREME COURT (1954-70,
n.d.) AND ASSORTED PRINTED BRIEFS |
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| 4:7-8 |
MISCELLANEOUS CORRESPONDENCE, MEMORANDA, RESEARCH NOTES,
AND DATA (1969-70, n.d.) |
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| Series 5: CLIPPINGS
(1969-1970) |
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| This series contains copies of newspaper clippings
about Swann and other related cases. |
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| Box:Folder |
Contents |
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| 4:9-10 |
CLIPPINGS (1969-70) |
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| Series 6: DATA ON PROPOSED
$8,000,000 BOND (1970-1971) |
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| This series is comprised of correspondence and
related information on the sale of school construction bonds possibly affected
by the pending litigation of Swann. Includes letter (10-19-70) from Waggoner
and Horack to bond counsel Mitchell, Petty, and Shetterly in New York giving
an overview of the major court actions throughout the Swann case. |
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| Box:Folder |
Contents |
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| 4:11 |
DATA (1970-71) |
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| Series 7: PUBLICATIONS
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| This series contains newspapers and magazines
documenting major historical events. |
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| 5 |
NEWSPAPERS (1918-45) |
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| 6 |
NEWSPAPERS (1969, 1974) |
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| 6 |
MAGAZINES (1969-84) |
