This section contains the nature of the case and procedural background.

Brown v. Board of Education prohibited racial segregation in public schools and ordered the desegregation of public school facilities. However, 17 years subsequent to its adjudication, public school systems remained segregated. Desegregation efforts were obviated and court orders ignored. Respondent Charlotte-Mecklenburg Board of Education was one such school district. In 1965, the federal court approved a plan to desegregate the public schools in the county but as of 1969 two-thirds of the black students attended virtually all black public schools. Swan (P) filed a petition seeking acceleration of the plan. P contends that school officials are responsible to facilitate desegregation. The district court held in favor of the Petitioner. The court then fashioned a remedy which implemented quotas, required a substantial reduction in the number of all black schools, gerrymandered school districts and used busing. The Appeals court affirmed. The U.S. Supreme affirmed.

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