neighborhood schools. From this narrowed group, Lawyer will select, as parties, City District citizen-taxpayer-electors of different races, and their student-children of varying ages in grades 1-10, reflecting the diversity of the student dissenters both as to race and age.

2. Complaint

In the course of drafting the complaint to be attached to the motion to intervene, Lawyer studies the formula followed in the San Diego intervention, discussed generally in Chapter Six, supra, made available by Enstrom. Other matters studied include (1) the declaration of the "Groundswell" counterpart of the Committee chairman (see Chapter One); and (2) matters taken into consideration in the preparation of the intervention and proposed complaint in San Diego (see Chapter Three).

Events of particular interest to Lawyer, occurring at the trial on the Groundswell complaint are (1) the opening statement and closing statement focusing upon intervenors' opposition as being directed to mandatory assignments and not at voluntary programs; (2) the offer to prove the depth and basis of that opposition by intervenors and others similarly situated; and (3) the ruling that such evidence was irrelevant ( see Chapter Six). Lawyer determines that such evidence will be arguably admissible in the context of the Committee complaint.

The Committee complaint will include factual allegations similar to those which were stipulated to by the plaintiffs and school board at the "Groundswell" trial, detailed in Chapter Six, supra. Among the facts stipulated to were (1) that the intervening taxpayer-citizen-parents and their student-children, in their own behalf and of others similarly situated, opposed mandatory racial school assignments of such students by the defendant board, which is administering federal funds; and (2) that such persons have "an interest in the education, privacy, health and welfare of public school students in the district" which would be substantially affected by such assignments, which "will have a direct social, educational, economic and environmental impact on Intervenors."

Lawyer determines that intervenors should not rely upon gaining a stipulation of the foregoing facts and should be prepared to introduce evidence establishing them, as well as allegations as to the refusal of board to permit intervening students to attend their neighborhood schools. Allegations as to the provisions in the plan, actions by the board and the