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Case Name
Laufman v. Oakley Building & Loan Company
FH-OH-0008
Docket / Court
74-153 ( S.D. Ohio )
State/Territory
Ohio
Case Type(s)
Fair Housing/Lending/Insurance
Case Summary
The plaintiffs filed suit under the Fair Housing Act, 42 U.S.C. § 3604, on April 24, 1974, in the U.S. District Court for the District of Southern Ohio. The plaintiffs, a white married couple, approached the Defendant-savings and loan about obtaining a loan for a home purchase in a racially ...
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The plaintiffs filed suit under the Fair Housing Act, 42 U.S.C. § 3604, on April 24, 1974, in the U.S. District Court for the District of Southern Ohio. The plaintiffs, a white married couple, approached the Defendant-savings and loan about obtaining a loan for a home purchase in a racially integrated neighborhood in Cincinnati. The plaintiffs alleged that they were denied credit on the basis of the racial composition of the neighborhood in which they desired to purchase property. Originally filed as a class action, the plaintiffs eventually pursued the case as a damages claim based on the less favorable terms of credit that they obtained from another lending institution to purchase their home.
The plaintiffs alleged that the Defendant's denial of credit for a home purchase effectively made "unavailable... [a] dwelling" in violation of 42 U.S.C. § 3604. One of the plaintiffs was also a civil rights attorney, and he litigated the case on a pro se basis. The plaintiffs were also represented in part by lawyers from the National Committee Against Discrimination in Housing (NCDH), a Washington, D.C.-based fair housing non-profit. On June 18, 1975, the U.S. Department of Justice filed an amicus brief in support of the plaintiffs' position. Laufman v. Oakley Bldg. & Loan Co., 404 F. Supp. 791 (S.D. Ohio 1975) (rejecting Defendants' attempt to prevent the United States Department of Justice from filing an amicus brief in the case).
U.S. District Court Judge David S. Porter denied the Defendant's Motion for Summary Judgment on February 13, 1976, making this the first case in which a federal court held that race-based lending discrimination violates the Fair Housing Act. Laufman v. Oakley Bldg. & Loan Co., 408 F. Supp. 489 (S.D. Ohio 1976). The litigants eventually settled the case out of court. One of the terms of the settlement agreement was the creation of a lending monitoring board for the City of Cincinnati.
Andrew Nash - 06/02/2008
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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Racial segregation
Plaintiff Type
Private Plaintiff
Race
Black
White
Causes of Action
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Case Details
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Defendant(s)
Oakley Building & Loan Company
Plaintiff Description
All property owners/prospective purchasers of homes in racially integrated or predominantly black neighborhoods in Hamilton County, OH.
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
Prevailing Party
Plaintiff
Public Int. Lawyer
No
Nature of Relief
Injunction / Injunctive-like Settlement
Source of Relief
Litigation
Settlement
Form of Settlement
Court Approved Settlement or Consent Decree
Order Duration
1976 - n/a
Filed
04/29/1974
Case Closing Year
1976
Case Ongoing
No
Additional Resources
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The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ]
[ PDF ]
[ External Link ]
Documents
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Court
Docket(s)
No docket sheet currently in the collection
General Documents
S.D. Ohio
04/29/1974
Complaint
FH-OH-0008-0001.pdf
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Detail
S.D. Ohio
05/02/1975
Motion for Summary Judgment in Favor of Defendants
FH-OH-0008-0006.pdf
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Detail
S.D. Ohio
06/16/1975
Brief of United States as Amicus Curiae
FH-OH-0008-0004.pdf
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Detail
S.D. Ohio
06/18/1975
Brief of the Federal Home Loan Bank Board, Amicus Curiae
FH-OH-0008-0003.pdf
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Detail
S.D. Ohio
07/21/1975
Defendants' Brief in Reply to Plaintiffs' and Amicus Curiae's Memoranda Contra Defendants' Motion for Summary Judgment
FH-OH-0008-0007.pdf
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Detail
S.D. Ohio
08/01/1975
Plaintiffs' Memorandum in Response to Defendants' Reply Brief
FH-OH-0008-0002.pdf
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Detail
S.D. Ohio
09/08/1975
Order [Granting U.S. Leave to File Amicus Brief]
(404 F.Supp. 791)
FH-OH-0008-0009.pdf
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WESTLAW
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LEXIS
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Detail
Source: Google Scholar
S.D. Ohio
02/13/1976
Opinion [Denying Motion for S/J]
(408 F.Supp. 489)
FH-OH-0008-0008.pdf
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WESTLAW
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LEXIS
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Detail
Source: Google Scholar
not recorded
03/22/1976
"The Law Closes in on Mortgage Discrimination"
FH-OH-0008-0005.pdf
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Detail
S.D. Ohio
09/08/1976
Opinion and Order [Granting Plaintiff's Motion to Compel]
(72 F.R.D. 116)
FH-OH-0008-0010.pdf
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WESTLAW
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LEXIS
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Detail
Source: Google Scholar
People
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Judges
Porter, David Stewart
(S.D. Ohio)
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FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Plaintiff's Lawyers
Colegrove, Donald F.
(Ohio)
show/hide docs
FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0006 | FH-OH-0008-0007 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Laufman, Robert Franklin
(Ohio)
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FH-OH-0008-0008 | FH-OH-0008-0009
Mulkeen, Jay
(District of Columbia)
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FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0004 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Searing, Daniel A.
(District of Columbia)
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FH-OH-0008-0001 | FH-OH-0008-0002
Sloane, Martin
(District of Columbia)
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FH-OH-0008-0001 | FH-OH-0008-0002 | FH-OH-0008-0006 | FH-OH-0008-0007
Defendant's Lawyers
Ginocchio, Louis A.
(Ohio)
show/hide docs
FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0004 | FH-OH-0008-0006 | FH-OH-0008-0007 | FH-OH-0008-0008 | FH-OH-0008-0009 | FH-OH-0008-0010
Lowe, Warren R.
(Ohio)
show/hide docs
FH-OH-0008-0009 | FH-OH-0008-0010
Other Lawyers
Allen, Charles E.
(Ohio)
show/hide docs
FH-OH-0008-0003
Ash, Matthew G.
(District of Columbia)
show/hide docs
FH-OH-0008-0002 | FH-OH-0008-0003 | FH-OH-0008-0008 | FH-OH-0008-0009
Dennis, Warren L.
(District of Columbia)
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FH-OH-0008-0002 | FH-OH-0008-0004
Goldberg, Daniel J.
(District of Columbia)
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FH-OH-0008-0003 | FH-OH-0008-0007
Kaminsky, Jerry F.
(Ohio)
show/hide docs
FH-OH-0008-0004 | FH-OH-0008-0009
McGraw, Paul E.
(District of Columbia)
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FH-OH-0008-0003
Milligan, William W.
(District of Columbia)
show/hide docs
FH-OH-0008-0004
Schwelb, Frank E.
(District of Columbia)
show/hide docs
FH-OH-0008-0004 | FH-OH-0008-0008 | FH-OH-0008-0009
Shore, Harold B.
(District of Columbia)
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FH-OH-0008-0003
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