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Collection Number: 04676

Collection Title: James B. McMillan Papers, 1960s-1980s

This is a finding aid. It is a description of archival material held in the Wilson Library at the University of North Carolina at Chapel Hill. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the World Wide Web. See the FAQ section for more information.


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Size 145.5 feet of linear shelf space (approximately 75000 items)
Abstract James Bryan McMillan was raised in a small farming community in Robeson County, N.C. He attended the University of North Carolina and received a law degree from Harvard University. In 1968, he was appointed U.S. district judge by Lyndon B. Johnson. Based in Charlotte, N.C., McMillan handled cases on a wide variety of subjects, including nuclear reactors, prison standards, housing, noise pollution, annexation, and public and private racial, sex, and age discrimination. Administrative files, case memoranda, trial notes, orders filed, speeches, court calendars, and other materials chiefly relating to McMillan's tenure as U.S. district court judge. Included are files relating to Swann v. Charlotte-Mecklenburg Board of Education (1969), which established busing as a national tool for school integration.
Creator McMillan, James B., 1916-
Language English
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Restrictions to Access
No restrictions. Open for research.
Copyright Notice
Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.
Preferred Citation
[Identification of item], in the James B. McMillan papers #4676, Southern Historical Collection, The Wilson Library, University of North Carolina at Chapel Hill.
Acquisitions Information
Received from James B. McMillan of Charlotte, N.C., in September 1993 (Acc. 93129).
Sensitive Materials Statement
Manuscript collections and archival records may contain materials with sensitive or confidential information that is protected under federal or state right to privacy laws and regulations, the North Carolina Public Records Act (N.C.G.S. § 132 1 et seq.), and Article 7 of the North Carolina State Personnel Act (Privacy of State Employee Personnel Records, N.C.G.S. § 126-22 et seq.). Researchers are advised that the disclosure of certain information pertaining to identifiable living individuals represented in this collection without the consent of those individuals may have legal ramifications (e.g., a cause of action under common law for invasion of privacy may arise if facts concerning an individual's private life are published that would be deemed highly offensive to a reasonable person) for which the University of North Carolina at Chapel Hill assumes no responsibility.
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expand/collapse Expand/collapse Subject Headings

The following terms from Library of Congress Subject Headings suggest topics, persons, geography, etc. interspersed through the entire collection; the terms do not usually represent discrete and easily identifiable portions of the collection--such as folders or items.

Clicking on a subject heading below will take you into the University Library's online catalog.

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expand/collapse Expand/collapse Biographical Information

James Bryan McMillan was raised in a small farming community in Robeson County, N.C. He attended the University of North Carolina and received a law degree from Harvard University. In 1968, he was appointed U.S. district judge by Lyndon B. Johnson. Based in Charlotte, N.C., McMillan handled cases on a wide variety of subjects, including nuclear reactors, prison standards, housing, noise pollution, annexation, and public and private racial, sex, and age discrimination.

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expand/collapse Expand/collapse Scope and Content

Administrative files, case memoranda, trial notes, orders filed, speeches, court calendars, and other materials chiefly relating to McMillan's tenure as U.S. district court judge. Included are files relating to Swann v. Charlotte-Mecklenburg Board of Education (1969), which established busing as a national tool for school integration.

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Contents list

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expand/collapse Expand/collapse Series 1. Swann v. the Charlotte-Mecklenburg Board of Education.

expand/collapse Expand/collapse Subseries 1.1. Office Files.

Office files including official court papers, correspondence, background material, working papers, and notes. Correspondence includes letters and clippings sent to McMillan in response to the decision and its aftermath. Letters range in content from death threats and denouncements to thoughtful support; many describe personal suffering resulting from the decision.

Folder 1

Alexander, Carter, Nesbit, Greenville, Darlington, and Swann. Monroe, La., and Montgomery County, Ala. #04676, Subseries: "1.1. Office Files." Folder 1

Folder 2

Alexander, Carter, Nesbit, Greenville, Darlington, and Swann. Monroe, La., and Montgomery County, Ala. #04676, Subseries: "1.1. Office Files." Folder 2

Folder 3

Additional parties defendant McLean and Snepp restraining orders #04676, Subseries: "1.1. Office Files." Folder 3

Folder 4

Appeal statement of Board of Education #04676, Subseries: "1.1. Office Files." Folder 4

Folder 5

Notes #04676, Subseries: "1.1. Office Files." Folder 5

Folder 6-7

Folder 6

Folder 7

Board plans, various #04676, Subseries: "1.1. Office Files." Folder 6-7

Folder 8

Briefs of defendants #04676, Subseries: "1.1. Office Files." Folder 8

Folder 9

Board plan for 4,200; Motion for injunction, briefs of plaintiff , case authorities; copy of North Carolina antibusing law #04676, Subseries: "1.1. Office Files." Folder 9

Folder 10-11

Folder 10

Folder 11

Briefs of plaintiffs #04676, Subseries: "1.1. Office Files." Folder 10-11

Folder 12

Briefs of intervening parties #04676, Subseries: "1.1. Office Files." Folder 12

Folder 13-17

Folder 13

Folder 14

Folder 15

Folder 16

Folder 17

Briefs, other cases #04676, Subseries: "1.1. Office Files." Folder 13-17

Folder 18-30

Folder 18

Folder 19

Folder 20

Folder 21

Folder 22

Folder 23

Folder 24

Folder 25

Folder 26

Folder 27

Folder 28

Folder 29

Folder 30

Office files #04676, Subseries: "1.1. Office Files." Folder 18-30

Folder 31-58

Folder 31

Folder 32

Folder 33

Folder 34

Folder 35

Folder 36

Folder 37

Folder 38

Folder 39

Folder 40

Folder 41

Folder 42

Folder 43

Folder 44

Folder 45

Folder 46

Folder 47

Folder 48

Folder 49

Folder 50

Folder 51

Folder 52

Folder 53

Folder 54

Folder 55

Folder 56

Folder 57

Folder 58

Reactions to decision #04676, Subseries: "1.1. Office Files." Folder 31-58

Folder 59

Defendants' proposed findings of fact and conclusions of law. #04676, Subseries: "1.1. Office Files." Folder 59

Folder 60-61

Folder 60

Folder 61

Defendants' reports to court pursuant to orders. #04676, Subseries: "1.1. Office Files." Folder 60-61

Folder 62

Defendants' responses to motions. #04676, Subseries: "1.1. Office Files." Folder 62

Folder 63

Educational materials about desegregation #04676, Subseries: "1.1. Office Files." Folder 63

Folder 64-67

Folder 64

Folder 65

Folder 66

Folder 67

Findings of fact #04676, Subseries: "1.1. Office Files." Folder 64-67

Folder 68-75

Folder 68

Folder 69

Folder 70

Folder 71

Folder 72

Folder 73

Folder 74

Folder 75

Law, other cases #04676, Subseries: "1.1. Office Files." Folder 68-75

Folder 76-77

Folder 76

Folder 77

Finger, Dr. John A., Jr. #04676, Subseries: "1.1. Office Files." Folder 76-77

Folder 78-81

Folder 78

Folder 79

Folder 80

Folder 81

Law, extra copies, other cases #04676, Subseries: "1.1. Office Files." Folder 78-81

Folder 82

League of Women Voters'policy statement regarding education #04676, Subseries: "1.1. Office Files." Folder 82

Folder 83

Memoranda #04676, Subseries: "1.1. Office Files." Folder 83

Folder 84

Miscellaneous #04676, Subseries: "1.1. Office Files." Folder 84

Folder 85

Motions of defendants #04676, Subseries: "1.1. Office Files." Folder 85

Folder 86

Motions of plaintiffs #04676, Subseries: "1.1. Office Files." Folder 86

Folder 87-91

Folder 87

Folder 88

Folder 89

Folder 90

Folder 91

Newspaper clippings #04676, Subseries: "1.1. Office Files." Folder 87-91

Folder 92

North Carolina laws, regulations, and policies on school attendance #04676, Subseries: "1.1. Office Files." Folder 92

Folder 93-94

Folder 93

Folder 94

Notes #04676, Subseries: "1.1. Office Files." Folder 93-94

Folder 95-96

Folder 95

Folder 96

Orders beginning 23 April 1969 #04676, Subseries: "1.1. Office Files." Folder 95-96

Folder 97-98

Folder 97

Folder 98

Orders #04676, Subseries: "1.1. Office Files." Folder 97-98

Folder 99

Plaintiff's list of witnesses filed 16 June 1969 #04676, Subseries: "1.1. Office Files." Folder 99

Folder 100

Plaintiff's proposed findings of fact and conclusions of law #04676, Subseries: "1.1. Office Files." Folder 100

Folder 101

Plaintiff's responses to motions #04676, Subseries: "1.1. Office Files." Folder 101

Folder 102

Proceedings between 3 August 1970 and 12 October 1970 #04676, Subseries: "1.1. Office Files." Folder 102

Folder 103

State suit, Scott's statements and letter and Phillips' statement #04676, Subseries: "1.1. Office Files." Folder 103

Folder 104-105

Folder 104

Folder 105

Statistics #04676, Subseries: "1.1. Office Files." Folder 104-105

Folder 106

Tender of evidence, plan of Dr. Finger #04676, Subseries: "1.1. Office Files." Folder 106

Folder 107-109

Folder 107

Folder 108

Folder 109

Three-Judge Court, 24 March 1970 #04676, Subseries: "1.1. Office Files." Folder 107-109

Folder 110-111

Folder 110

Folder 111

Working papers #04676, Subseries: "1.1. Office Files." Folder 110-111

Folder 112

Master index #04676, Subseries: "1.1. Office Files." Folder 112

Folder 113-116

Folder 113

Folder 114

Folder 115

Folder 116

Senate committee hearing, separation of power, 16 October 1981 #04676, Subseries: "1.1. Office Files." Folder 113-116

Folder 117-118

Folder 117

Folder 118

School #04676, Subseries: "1.1. Office Files." Folder 117-118

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expand/collapse Expand/collapse Subseries 1.2. Miscellaneous Papers.

Arrangement: Unarranged.

Background material, statistical reports, television editorials, letters, and clippings pertain to Swann v. the Charlotte-Mecklenburg Board of Education.

Box 14-20

Box 14

Box 15

Box 16

Box 17

Box 18

Box 19

Box 20

Miscellaneous papers concerning Swann v. the Charlotte-Mecklenburg Board of Education #04676, Subseries: "1.2. Miscellaneous Papers." Box 14-20

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expand/collapse Expand/collapse Subseries 1.3. Maps.

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expand/collapse Expand/collapse Subseries 1.4. Scrapbooks and Clippings.

Arrangement: Unarranged.

Contains press clippings with coverage of the busing decision.

Box 21-22

Box 21

Box 22

Press clippings #04676, Subseries: "1.4. Scrapbooks and Clippings." Box 21-22

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expand/collapse Expand/collapse Subseries 1.5. Newspapers.

Arrangement: Unarranged.

Contains complete issues of newspapers from 1970 to 1971. Most newspapers are from the greater Charlotte, N.C., area and include coverage of the busing decision.

Box 23-28

Box 23

Box 24

Box 25

Box 26

Box 27

Box 28

Newspapers, 1970-1971 #04676, Subseries: "1.5. Newspapers." Box 23-28

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expand/collapse Expand/collapse Series 2. United States v. Wilton Hall.

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expand/collapse Expand/collapse Series 3. Trial Notes and Case Files.

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expand/collapse Expand/collapse Series 4. Circuit Court Papers.

Arrangement: Unarranged.

Contains case memoranda and administrative and nomination papers for 4th and 7th Circuit Court proceedings.

Box 41-47

Box 41

Box 42

Box 43

Box 44

Box 45

Box 46

Box 47

Circuit court papers #04676, Series: "4. Circuit Court Papers." Box 41-47

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expand/collapse Expand/collapse Series 5. Orders.

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expand/collapse Expand/collapse Series 6. Court-Related Files.

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expand/collapse Expand/collapse Series 7. Speeches and Legal Writings.

Arrangement: Unarranged.

Includes drafts of McMillan's speeches and legal writings, background materials, and slight correspondence about speaking engagements.

Box 78-82

Box 78

Box 79

Box 80

Box 81

Box 82

Drafts of speeches, writings, and slight correspondence #04676, Series: "7. Speeches and Legal Writings." Box 78-82

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expand/collapse Expand/collapse Series 8. Administrative Papers.

expand/collapse Expand/collapse Subseries 8.1. Office Administration.

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expand/collapse Expand/collapse Subseries 8.2. Chronological Correspondence Files.

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expand/collapse Expand/collapse Subseries 8.3. Miscellaneous Correspondence.

Arrangement: Arrangement as received: Alphabetical within groups of years. Not completely sorted.

Box 96-98

Box 96

Box 97

Box 98

Miscellaneous correspondence #04676, Subseries: "8.3. Miscellaneous Correspondence." Box 96-98

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expand/collapse Expand/collapse Subseries 8.4. Court Calendars.

Arrangement: Unarranged

Box 99-101

Box 99

Box 100

Box 101

Court calendars #04676, Subseries: "8.4. Court Calendars." Box 99-101

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expand/collapse Expand/collapse Series 9. Law Clerk Memos and Related Papers.

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expand/collapse Expand/collapse Series 10. Miscellaneous Papers.

Arrangement: Unarranged.

Box 103-110

Box 103

Box 104

Box 105

Box 106

Box 107

Box 108

Box 109

Box 110

Miscellaneous papers #04676, Series: "10. Miscellaneous Papers." Box 103-110

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expand/collapse Expand/collapse Items Separated

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Processing Information

Processed by: Roslyn Holdzkom, September 1993; Barbara Aschenbrenner, November 1993

Encoded by: ByteManagers Inc., 2008

Level of arrangment varies by series as noted below; some series are unarranged. Collection has not yet been archivally refoldered.

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