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HOLLINS v. KRAAS
December 17, 1973
CALVIN HOLLINS AND THERESA HOLLINS, HIS WIFE, PLAINTIFFS,
WILHELM KRAAS ET AL., DEFENDANTS.
The opinion of the court was delivered by: Bauer, District Judge.
MEMORANDUM OPINION AND ORDER
This cause comes on the motion of certain defendants, the
Cosmopolitan National Bank of Chicago, Elmer A. Calvert, Jr., and
Valerie Calvert to dismiss the instant complaint.
This is an action seeking to redress the alleged deprivation of
the plaintiff's civil rights by the defendants alleged refusal to
rent an apartment to the plaintiffs. This action arises under the
Civil Rights Act of 1866, 42 U.S.C. § 1982, and the Fair Housing
Act of 1968, 42 U.S.C. § 3604. Jurisdiction is allegedly
conferred on this Court by 28 U.S.C. § 1343(3), (4) and § 2201,
and 42 U.S.C. § 3612.
The plaintiffs, in their complaint, allege, inter alia, the
1. Plaintiffs are Negro citizens of the United States
who reside in Forest Park, Illinois.
2. Upon information and belief, defendants Wilhelm
Kraass and Amanda Kraass, his wife, are and at all
times relevant hereto were the rental agents
and/or owners of an apartment building located at
7222 Dixon, Forest Park, Illinois.
3. Upon information and belief defendant Elmer and
Valerie Calvert are and at all times relevant
hereto were the owners of an apartment building
located at 7222 Dixon, Forest Part, Illinois.
4. On information and belief, defendant Cosmopolitan
National Bank of Chicago holds the property
located at 7222 Dixon, Forest Park, Illinois, in
5. On April 24, 1973 defendants refused to lease the
plaintiffs a unit in said building solely because
plaintiffs are Negroes. Defendants represented to
plaintiffs, because of their race, that the unit
was not available for rent, when in fact at the
time of the refusal, the unit was available for
rent. At the time of the refusal, plaintiffs were
ready, willing and able to rent said unit at the
rental price set by the defendants.
6. Plaintiffs have no adequate remedy at law, or
otherwise, for the harm done by the defendants;
and plaintiffs have and will continue to suffer
great and irreparable damage and injury as a
proximate result of defendants' acts unless these
acts and this conduct of defendants are enjoined.
The defendants have acted maliciously and are
guilty of willful and wanton disregard of the
rights and feelings of plaintiffs.
The plaintiffs seek: (1) that an injunction be granted
permanently restraining and enjoining the defendants from
refusing, on the grounds of race, to rent to plaintiffs the unit
in question or any other unit managed or owned by the defendants;
(2) that the Court grant actual damages of $50,000 from each and
every defendant, plus reasonable attorneys fees and costs; (3)
that the Court grant $25,000 exemplary and punitive damages from
The defendants, in support of their instant motion, contend:
1. On October 29, 1963, the Calverts conveyed the
realty in question to
Cosmopolitan by Warranty Deed in Trust, which was
recorded on November 26, 1963 with the Cook County
Recorder of Deeds. On the same day Cosmopolitan
and the Calverts entered into a Trust Agreement.
By reason of the deed, and Agreement, Cosmopolitan
merely holds legal title to the said realty, but
has no rights of possession, management, use or
control thereof material to this cause, and can
neither incur personal liability nor be subject to
any claim, judgment or decree such as plaintiffs
seek and plaintiffs had notice thereof.
2. On August 22, 1969, Cosmopolitan, the Calverts and
defendants Wilhelm Kraass and Amanda Kraass
(hereinafter together referred to as "the
Kraasses") entered into Articles of Agreement for
Trustee's Deed, by reason of which the Kraasses
have thereafter had and still have sole and
exclusive rights of possession, management, ...
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