491 F.2d 458 (4th Cir. 1973), 71-2175, Carracter v. Morgan

Docket Nº:71-2175.
Citation:491 F.2d 458
Party Name:Edwin CARRACTER and John c. Butler, Appellants, v. Walter MORGAN et al., Appellees.
Case Date:July 13, 1973
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 458

491 F.2d 458 (4th Cir. 1973)

Edwin CARRACTER and John c. Butler, Appellants,

v.

Walter MORGAN et al., Appellees.

No. 71-2175.

United States Court of Appeals, Fourth Circuit.

July 13, 1973

         Submitted on briefs Jan. 9, 1973.

         Laughlin McDonald, Columbia, S.C., Charles Morgan, Jr., and Norman Siegel, Atlanta, Ga., on brief, for appellants.

         Daniel R. McLeod, Atty. Gen. of S.C., and Joseph C. Coleman, Deputy Atty. Gen. of S.C., on brief, for appellees.

         Before BRYAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit judges.

         WIDENER, Circuit Judge:

         On April 2, 1971, Edwin Carracter and John Butler commenced this action by filing their complaint and motion for preliminary injunction in the Columbia Division of the United States District Court for the District of South Carolina. The complaint alleged racial discrimination in the operation of the Edgefield County chain gang and in the County chain gangs throughout South Carolina. Plaintiffs Carracter and Butler sued not only on their own behalf but also to represent all other Negro citizens of South Carolina who are or were inmates of South Carolina County chain gangs. Named as defendants were the members of the Edgefield County Council, the Edgefield County Manager, and all others, jointly and severally, and their successors in office, who are similarly situated throughout the State of South Carolina.

Page 459

         To properly view the actions of the district court in this case, it is necessary to set out in chronological order all of the proceedings below. The entire record consists of the following:

         1. Complaint and motion for preliminary injunction, filed April 2, 1971.

         2. Order of April 29, 1971 extending time for defendants' answer.

         3. Answer filed on May 27, 1971.

         4. Order of the court entered November 12, 1971 declaring segregation in chain gang unconstitutional and approving plan to remedy same in Edgefield County. It denied class relief.

         5. Notice of appeal filed December 7, 1971.

         6. Docket sheet. The docket sheet shows that on October 14, 1971, at calendar call, the case was announced settled and that counsel would present an order.

         Plaintiffs have included in the appendix several documents which were never made a part of the record. We do not consider them.

         Plaintiffs...

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