action is based on the alleged deprivation of the plaintiff's
civil rights under the Civil Rights Act of 1861, 1866 and 1871
and the 5th, 7th and 14th Amendments to the U.S. Constitution,
and liability under the Federal Deposit Insurance Act,
12 U.S.C. § 1811 et seq. Jurisdiction is alleged to be based on
28 U.S.C. § 1331 and 1343; and 42 U.S.C. § 1982, 1983, 1985. The
amount in controversy is alleged to exceed $10,000 exclusive of
interest and costs.
The plaintiff is Benjamin Ehrlich who is a resident of
Chicago, Illinois, and a customer of Beverly Bank of Chicago.
The defendants are Federal Deposit Insurance Corp. (FDIC) and
Beverly Bank of Chicago (Beverly).
The plaintiff in his complaint alleges the following facts:
1. The plaintiff has a savings account in Beverly
Bank of Chicago. Since May 5, 1971 the
plaintiff has deposited the sum of $125.00 each
month; the balance as of January 1, 1973 is
2. Beverly Bank has refused to pay out to the
plaintiff funds from his personal savings
account denying him his constitutional rights
of due process and equal protection.
3. On March 6, 1972 the plaintiff completed the
necessary arrangement to borrow the sum of
$40,000.00 from Beverly, giving two buildings
in Trust No. 8-3293 as security for the loan.
4. Despite plaintiff's repeated demands, Beverly
has refused to pay the funds from the loan to
plaintiff's authorized agent, First National
Bank of Oak Forest. Illinois.
Plaintiff brings this action to recover $20,000.00 from the
FDIC under the Federal Deposit Insurance Act and to recover
the amount deposited in Beverly Bank since May 5, 1972.