UNC Charlotte Special Collections J. Murrey Atkins Library - Special Collections & University Archives

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Benjamin S. Horack papers

Identifier: MS0042

Scope and Contents

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. Contains papers, primarily legal documentation, relating to Horack's defense of the Charlotte-Mecklenburg Board of Education in Swann v. Charlotte-Mecklenburg Board of Education, the case on which the U.S. Supreme Court ruled, in 1970, that busing to achieve racial desegregation of the schools is constitutional. [For a historical synopsis of Swann, see the Julius L. Chambers Papers.]


  • 1918 - 1984
  • 1968 - 1971


Conditions Governing Access

Collection is open for research.

Conditions Governing Use

Some material may be copyrighted or restricted. It is the patron's obligation to determine and satisfy copyright or other case restrictions when publishing or otherwise distributing materials found in the collections.


6 Linear Feet


Papers of a Charlotte attorney relating to his defense of the Charlotte-Mecklenburg Board of Education in the landmark case, Swann v. Charlotte-Mecklenburg Board of Education, in which the U.S. Supreme Court ruled that federal courts were constitutionally authorized to exercise broad powers to oversee and produce solutions to achieve school integration, which could include using student quotas as a starting point, and developing new attendance zones and busing policies to achieve more racially balanced schools. 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 U.S. Fourth Circuit Court of Appeals, and the U.S. 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.


Arranged in six series.

Series 1, U.S. District Court Proceedings, 1968-1970

Series 2, U.S. Circuit Court of Appeals Proceedings, 1970

Series 3, U.S. Supreme Court Proceedings, 1970

Series 4, Research Material, 1952-1970

Series 5, Clippings, 1969-1970

Series 6, Data on Proposed $8,000,000 Bond, 1970-1971

Series 7, Newspapers and Magazines, 1918-1984

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. These series also document 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. 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. Series 7 contains newspapers and magazines documenting major historical events.

Immediate Source of Acquisition

Gift of Benjamin S. Horack, 1979, 1997.

Available Online

A portion of the Benjamin Horack papers documenting the Swann v. Charlotte-Mecklenburg Board of Education have been digitized and can be found at: http://digitalcollections.uncc.edu/cdm/landingpage/collection/p16033coll22

Related Materials

Fred D. Alexander Papers (UNCC Manuscript 91); Kelly M. Alexander Papers (UNCC Manuscript 55); Julius L. Chambers Papers (UNCC Manuscript 85); Reginald A. Hawkins Papers (UNCC Manuscript 125); Margaret Whitton Ray Papers (UNCC Manuscript 131); William J. Waggoner Papers (UNCC Manuscript 221); James B. McMillan Papers, UNC-Chapel Hill (SHC #4676).

Processing Information

Additions processed by James Kusik, 2001. Updated by: Christopher Geissler and Rita Johnston, 2014.
Guide to the Benjamin Horack papers
James Kusik
Description rules
Language of description

Repository Details

Part of the Manuscript Collections, J. Murrey Atkins Library Special Collections and University Archives, UNC Charlotte Repository

Atkins Library, UNC Charlotte
9201 University City Blvd
Charlotte 28223 United Stated