University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Northside Realty Assoc., Inc. FH-GA-0005
Docket / Court 13932 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
The Department of Justice filed suit against an Atlanta realtor, alleging that it engaged in a pattern or practice of discrimination against minorities in home sales prohibited by the Fair Housing Act, 42 U.S.C. 3601-19. The DOJ sought injunctive relief against further violations of the FHA. The ... read more >
The Department of Justice filed suit against an Atlanta realtor, alleging that it engaged in a pattern or practice of discrimination against minorities in home sales prohibited by the Fair Housing Act, 42 U.S.C. 3601-19. The DOJ sought injunctive relief against further violations of the FHA. The Defendant filed a counterclaim against the government alleging that the DOJ brought the suit in bad faith. U.S. District Court Judge O'Kelley granted the government's motion to dismiss the counterclaim on sovereign immunity grounds. United States v. Northside Realty Assoc., Inc., 324 F. Supp. 287 (N.D. Ga. 1971). The District Court then granted the government's motion for an injunction against further violations of the FHA.

On appeal, the Fifth Circuit vacated and remanded Judge O'Kelley's imposition of an injunction, agreeing with the Defendant-appellant that Judge O'Kelley's factual findings were insufficient to warrant the imposition of a permanent injunction. United States v. Northside Realty Assoc., Inc., 474 F.2d 1164, 1167 (5th Cir. 1973). On remand, the District Court entered more specific findings of fact and re-imposed the injunction; on appeal again, the Fifth Circuit affirmed the District Court's order. United States v. Northside Realty Assoc., Inc., 501 F.2d 181 (5th Cir. 1974). The Fifth Circuit later denied the Defendant's petition for rehearing, United States v. Northside Realty Associates, Inc., 518 F.2d 884 (5th Cir. 1975), and the Supreme Court denied the petition for a writ of certiorari, with two Justices dissenting. Northside Realty Assoc., Inc. v. United States, 424 U.S. 977 (1976).

In 1979, the Fifth Circuit upheld a ruling by the District Court finding the Defendant in contempt for failure to comply with the terms of the injunction. Northside Realty Assoc., Inc. v. United States, 605 F.2d 1348 (5th Cir. 1979).

Andrew Nash - 08/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. ยงยง 3601 et seq.
Defendant(s) Northside Realty Associates
Plaintiff Description The United States alleged that Northside Realty Associates followed a policy and practice of racial discrimination against blacks with respect to purchase and sale of homes.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought None on record
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1974 - n/a
Case Closing Year n/a
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Order [on Various Discovery Issues] 03/04/1971 (324 F.Supp. 287) (N.D. Ga.)
FH-GA-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Motion of Defendants Northside Realty Association Inc. and Ed A. Isakson to Amend and Alter Judgment and brief in Support Thereof 01/13/1972
FH-GA-0005-0007.pdf | Detail
Document Source: U.S. Dep't of Justice, Civil Rights Division, Housing and Civil Enforcement
Order [Remanding D.C. Award of Injunctive Relief] 03/14/1973 (474 F.2d 1164)
FH-GA-0005-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Per Curiam Order Affirming D.C. Grant of Relief to Plaintiffs] 09/23/1974 (501 F.2d 181)
FH-GA-0005-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
On Petition for Rehearing and Petition for Rehearing En Banc 09/04/1975 (518 F.2d 884)
FH-GA-0005-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision [Denying Cert. and Denying Rehearing] 05/19/1976 (424 U.S. 977)
FH-GA-0005-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Order [Affirming District Court Order Holding Defendants in Contempt] 12/17/1979 (605 F.2d 1348)
FH-GA-0005-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Ainsworth, Robert Andrew Jr. (Fifth Circuit, E.D. La.)
FH-GA-0005-0004 | FH-GA-0005-0005
Brown, John Robert (Fifth Circuit)
FH-GA-0005-0003 | FH-GA-0005-0004 | FH-GA-0005-0005
Coleman, James Plemon (Fifth Circuit)
FH-GA-0005-0003
Dyer, David William (S.D. Fla., Eleventh Circuit, Fifth Circuit)
FH-GA-0005-0002
Gewin, Walter Pettus (Fifth Circuit)
FH-GA-0005-0002
Goldberg, Irving Loeb (Fifth Circuit)
FH-GA-0005-0002
O'Kelley, William Clark (FISC, N.D. Ga.)
FH-GA-0005-0001
Thornberry, William Homer (Fifth Circuit, W.D. Tex.)
FH-GA-0005-0004 | FH-GA-0005-0005
Tjoflat, Gerald Bard (M.D. Fla., Eleventh Circuit, Fifth Circuit)
FH-GA-0005-0003
Monitors/Masters None on record
Plaintiff's Lawyers Chaires, Susan C. (District of Columbia)
FH-GA-0005-0003
Days, Drew S. III (District of Columbia)
FH-GA-0005-0003
Harper, William L. (Georgia)
FH-GA-0005-0003
Keeling, Thomas M. (District of Columbia)
FH-GA-0005-0001 | FH-GA-0005-0002 | FH-GA-0005-0004 | FH-GA-0005-0005
Kelley, David T. (District of Columbia)
FH-GA-0005-0004 | FH-GA-0005-0005
Lehtman, Myron S. (District of Columbia)
FH-GA-0005-0003
Leonard, Jerris (District of Columbia)
FH-GA-0005-0001 | FH-GA-0005-0004 | FH-GA-0005-0005
Longley, Julian M. (District of Columbia)
FH-GA-0005-0004 | FH-GA-0005-0005
Mitchell, John N. (District of Columbia)
FH-GA-0005-0001
Moore, Harold H. (District of Columbia)
FH-GA-0005-0002 | FH-GA-0005-0004 | FH-GA-0005-0005
Pottinger, J. Stanley (District of Columbia)
FH-GA-0005-0004 | FH-GA-0005-0005
Saxbe, William B. (District of Columbia)
FH-GA-0005-0004 | FH-GA-0005-0005
Schwelb, Frank E. (District of Columbia)
FH-GA-0005-0001 | FH-GA-0005-0002 | FH-GA-0005-0003 | FH-GA-0005-0004 | FH-GA-0005-0005
Stokes, John W. Jr. (Georgia)
FH-GA-0005-0001 | FH-GA-0005-0002 | FH-GA-0005-0004 | FH-GA-0005-0005
Defendant's Lawyers Boynton, Frederick G. (Georgia)
FH-GA-0005-0003
Russell, Harold L. (Georgia)
FH-GA-0005-0002 | FH-GA-0005-0003 | FH-GA-0005-0004 | FH-GA-0005-0005 | FH-GA-0005-0007
Sutter, Lloyd (Georgia)
FH-GA-0005-0002 | FH-GA-0005-0004 | FH-GA-0005-0007
Other Lawyers None on record

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