University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Bob Lawrence Realty, Inc. FH-GA-0006
Docket / Court 13468 ( 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 the six Defendant-realtors, alleging that the Defendants, acting singly and in concert with each other, induced homeowners to sell their properties by telling them that African-Americans were moving into the neighborhood. U.S. District Court Judge ... read more >
The Department of Justice filed suit against the six Defendant-realtors, alleging that the Defendants, acting singly and in concert with each other, induced homeowners to sell their properties by telling them that African-Americans were moving into the neighborhood. U.S. District Court Judge Edenfield rejected the Defendants motion to dismiss on May 17, 1970, and found that the DOJ's allegations were sufficient to support a cause of action under the Fair Housing Act, 42 U.S.C. 3601-19. United States v. Bob Lawrence Realty, Inc., 313 F. Supp. 870 (N.D. Ga. 1970). Brought as a blockbuster case, the DOJ sought only injunctive relief against further violations of the FHA. Judge Edenfield granted one Defendant-realtor's motion for partial summary judgment on January 28, 1971, after finding that that Defendant may have violated the FHA by acting on its own but did not act in concert with the other Defendants. United States v. Bob Lawrence Realty, Inc., 327 F. Supp. 487 (N.D. Ga. 1971).

On December 27, 1971, the District Court entered a permanent injunction barring the Defendant-realtors from violating that FHA by making statements about the alleged influx of minority homeowners into Atlanta neighborhoods. United States v. Mitchell, 335 F. Supp. 1004 (N.D. Ga. 1971). The District Court noted, however, that while many of the Defendants' agents had made statements to homeowners in violation of the FHA, the Defendants had also reacted to expressions of racism held by private homeowners, which were not barred by the FHA. The Fifth Circuit Court of Appeals affirmed the entry of an injunction on February 13, 1973, after rejecting a Defendant-appellant's argument that Congress lacked constitutional authority to enact the FHA. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115 (5th Cir. 1973). The Supreme Court denied the Defendant-appellant's petition for a writ of certiorari on October 9, 1973. Bob Lawrence Realty, Inc. v. United States, 414 U.S. 826 (1973).

Andrew Nash - 08/02/2008


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Issues and Causes of Action
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Issues
None on record
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Bob Lawrence Realty, Inc.
Ray Mitchell Realty Company
Plaintiff Description USA sought injunctive relief against Atlanta real estate firm for allegedly engaging in pattern of inducing persons to sell/rent their homes by representations regarding the entry into neighborhood of persons of a particular race, religion or nationality.
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 1971 - 1973
Case Closing Year 1971
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Order [Denying Motion to Dismiss] 05/19/1970 (313 F.Supp. 870) (N.D. Ga.)
FH-GA-0006-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Re: Summary Judgment Motions] 01/28/1971 (327 F.Supp. 487) (N.D. Ga.)
FH-GA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Granting Injunction to Plaintiffs] 12/27/1971 (335 F.Supp. 1004) (N.D. Ga.)
FH-GA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Affirming D.C. Grant of Injunction] 02/13/1973 (474 F.2d 115)
FH-GA-0006-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision 10/09/1973 (414 U.S. 826)
FH-GA-0006-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
[Opinion Denying Rehearing] 12/03/1973 (414 U.S. 1087)
FH-GA-0006-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Ainsworth, Robert Andrew Jr. (E.D. La., Fifth Circuit)
FH-GA-0006-0004
Edenfield, Berry Avant (S.D. Ga.)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0005
Goldberg, Irving Loeb (Fifth Circuit)
FH-GA-0006-0004
Ingraham, Joe McDonald (S.D. Tex., Fifth Circuit)
FH-GA-0006-0004
Monitors/Masters None on record
Plaintiff's Lawyers Barenblat, Martin (District of Columbia)
FH-GA-0006-0004
Gabel, Carl A. (District of Columbia)
FH-GA-0006-0003 | FH-GA-0006-0004
Hoare, Michael J. (Missouri)
FH-GA-0006-0005
Keeling, Thomas M. (District of Columbia)
FH-GA-0006-0002 | FH-GA-0006-0003
Leonard, Jerris (District of Columbia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0005
Mitchell, John N. (District of Columbia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0004 | FH-GA-0006-0005
Norman, David L. (District of Columbia)
FH-GA-0006-0004
Schwelb, Frank E. (District of Columbia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0005
Stokes, John W. Jr. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0004 | FH-GA-0006-0005
Defendant's Lawyers Asinof, Wesley R. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0004 | FH-GA-0006-0005
Dorsey, Hugh M. (Georgia)
FH-GA-0006-0003
Eberhardt, C.W. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0005
Gortatowsky, Julian E. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0004 | FH-GA-0006-0005
Haldi, Glenville (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0004 | FH-GA-0006-0005
May, Earle B. (Georgia)
FH-GA-0006-0004
Stone, Noah J. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0004 | FH-GA-0006-0005
Weltner, Charles L. (Georgia)
FH-GA-0006-0002 | FH-GA-0006-0003 | FH-GA-0006-0004 | FH-GA-0006-0005
Other Lawyers None on record

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