Appendix — Gladstone, Realtors v. Village of Bellwood

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Zz Supreme Court, U. Se")

77-1493 | FILED |

} AUG $$ 1978 |

APPENDIX i

— . nn mine IR. CLERK

In the

Supreme Court of the United States

OcroBeR Term, 1977

GLADSTONE, REALTORS,® et al.,

Petitioners,

vs.

VILLAGE OF BELLWOOD, et al,

Respondents.

ROBERT A. HINTZE, REALTORS,® et al.,

Petitioners,

vs.

VILLAGE OF BELLWOOD, et al.,

Respondents.

On Petition For A Writ of Certiorari To The United States Court

Of Appeals For The Seventh Cireuit

UNITED STATES LAW PRINTING CO., CHICAGO, ILLINOIS 60618 (312) 525-6581

Petition for Certiorari Filed April 19, 1978

Certiorari Granted June 12, 1978

Iu the

Supreme Court of the United States

Ocroser Term, 1977

GLADSTONE, REALTORS,® et al.,

Petitioners,

vs.

VILLAGE OF BELLWOOD, et al.

Respondents.

ROBERT A. HINTZE, REALTORS,® et al.,

Petitioners,

vs.

VILLAGE OF BELLWOOD, et al.,

Respondents.

On Petition lor A Writ of Certiorari To The United States Court

Of Appeals For The Seventh Cireuit

LIST OP CONTENTS

Gladstone Case

PAGE

EE 1

EEE SE Te 4

TD 8

Plaintiffs’ Request for Production of Documents ........ 9

i cesstnsuesnonenoen 12

Defendants’ Discovery Request 2.................c2cnceecceeeeeeee 14

Order Denying Motion to Dismiss ..........220000000000......... 23

Answers to Defendants’ Interrogatories and Requests

EE ESL 25

Appendix A to Interrogatory Answers _........................ 32

Audit Report attached to Interrogatory Answers ........ 40

Edward Powell audit at Berkeley office ................ 40

EE 50

Lonnie Randolph audit at Berkeley office _............ 58

Lonnie Randolph audit at Westchester office ........ tt

Edward Powell audit at Westchester office _........ 69

Charles Elliott and Kathleen Nichols audit at

SASSI aoe eR 72

Charles Elliott and Vicki Simmons audit at West-

Ec 74

Defendants’ Motion for Summary Judgment ............ 78

District Court Order dated September 23, 1976 grant-

ing summary judgment .....0.........2......sccsecceees seeduaniahiainale 83

PAGE

District Court Memorandum Opinion dated Septem-

2), ae 83

Plaintiffs’ Motion to Reconsider .................20cec- 89

eT FO ee 91

District Court Order Denying Motion for Reconsidera-

ae alte sina tiehbmcndaealaaiaindan 93

Hintze Case

Biciwnmt Theainnt TemGCBe 0 ancccceccccccesececsesscosernsecccsvcsccensnnsscsces 95

CI ceccccecssecicecces eerste ccemnsnennvcenensensones shlttiaasintnaiaineianiiutian 97

Plaintiffs’ I[nterrogatories _........... sseliendialladiddaiinianiatiaipetitin 100

Plaintiffs’ Request for Production of Documents ........ 102

Defendants’ Discovery Request ......------....---s-:-:s:eee0e 105

Plaintiffs’ Answers to Defendants’ Interrogatories and

Requests for AGMISSION ~..........----..--sce-seecneeeneneneneeneeees 114

Appendix A to Interrogatory Answes. ................--..----- 121

Audit Report Forms attached as a part of Appendix A 128

8 Ee 128

Charles Elliott & Vicki Simmons audit ................ 130

Ny | | | ne 133

John Lindsey audit... ....0..-cecsesereeerseescsoses 139

Defendants’ Motion for Summary Judgment ................ 143

District Court Order granting summary judgment .... 148

District Court Order denying motion to reconsider .... 149

Notice of Appeal . ................-..ccsssceseeessersserecresensemsesesanesesers 149

Opinion of the United States Court of Appeals for the

Seventh Circuit dated January 25, 1978 .................. 151

APPENDIX

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

VILLAGE OF BELLWOOD, a municipal corporation of

the State of Illinois, THE LEADERSHIF COUNCIL FOR

METROPOLITAN OPEN COMMUNITIES, 2@ not-for-

profit corporation of Illinois, EDWARD B. POWELL,

MARY P. POWELL, CHARLES ELLIOTT, VICKI SIM-

MONS, SANDRA T. SHARP and JOYCE PERRY,

Plaintiff s,

- VS -

GLADSTONE REALTORS, JAMES D. DOEHRING,

ROBERT J. CASEY, TED WOLNIK, BEVERLEY RIC-

CHUTO, WILLIAM JAKES, and CAROL HOSNEDL,

Defendants.

RELEVANT DOCKET ENTRIES

10/24/75 Filed complaint and 7 copies. (JS-5)

10/31/75 Filed plaintiff’s Interrogatories.

10/31/75 Filed plaintiffs’ Request for Production of

Documents to be Inspected and Copies. msn

11/17/75 Filed defendants’ Notice of Filing; Motion to

Dismiss.

2/ 9/76 Enter order dated 2/5/76: It appearing to the

court that defendants herein filed their motion

to dismiss the above cause on November 17, 1975.

However, a check of the docket and file reveals

that neither supporting nor opposing briefs

2/11/76

3/31/76

7/ 6/16

9/27/76

10/ 4/76

10-21-76

Relevant Docket Entries

have been filed. It is therefore ordered that if

defendants intend to support their motion by a

brief, such brief shall be filed within ten days

from this date; plaintiffs shail have ten days

thereafter to file an opposing brief, and defen-

dants five days thereafter for a reply brief.

—Decker, J.

Notices mailed 2/9/76 msa

Filed Defendant’s Discovery Request.

(First Wave) msn

Enter order dated 3/29/76; Defendants moved

on November 17, 1975 to dismiss the instant

cause, asserting that the complaint failed to

state a cause of action under either 42 USC 1982

or 42 USC 3604. On February 6, 1976 this court

ordered defendants’ supporting brief to be filed

within 10 days; none has been filed. Inasmuch

as no brief has been filed and the complaint on

its face does state a claim for relief under the

above statutes, the motion to dismiss is hereby

denied.—Decker, J.

Notices mailed 3/31/76 msn

Filed defendants’ motion for summary judg.

ment.

Enter order dated September 23, 1976: Memo-

randum Opinion filed. Defendants’ motion for

summary judgment is granted and the cause is

ordered dismissed. JS-6 Decker, J.

Mailed notices 9/27/76 ag

Filed plaintiffs’ motion to reconsider ag

Filed plaintiffs’ notice of appeal $5.00 pd

Relevant Docket Entries

11-1-76 Enter order dated 10-29-76; Motion to reconsider

taken under advisement.—Decker, J.

Mailed notices 11-1-76 ij

11-8-76 Enter order dated November 5, 1976; The plain-

tiffs have moved for reconsideration of this

court’s order granting summary judgment in

behalf of the defendants on the grounds that

they lack standing to present their claim under

the statutes utilized. The court feels that Topic

v. Circle Realty, 532 F. 2d 1273 (9th Cir. 1976)

is dispositive of this case and cannot be factual-

ly distinguished. The inclusion of the munici-

pality as a plaintiff does not alter the indirect

nature of the injury asserted in the complaint.

Topic offers a compelling construction of the

statutory pattern, and deals with an issue not

previously decided in this Cireuit. While the

plaintiffs are free to attempt to persuade the

Seventh Circuit to disagree with the view ex-

pressed in Topic, the court finds no basis for

altering its previous opinion. Accordingly, the

motion to reconsider is hereby denied.

—Decker, J.

Notice mailed 11-8-76 gg

Complaint

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

COMPLAINT

(Filed October 24, 1975.)

Now Come the Plaintiffs, Village of Bellwood, a munici-

pal corporation of the State of Illinois, The Leadership

Council For Metropolitan Open Communities, a not-for-

profit corporation of the State of Illinois, Edward B.

Powell, Mary P. Powell, Charles Elliott, Vicki Simmons,

Sandra T. Sharp, and Joyce Perry, by their attorneys F.

Willis Caruso and David J. Parsons, and complain of De-

fendants, Gladstone Realtors, James D. Doehring, Robert

J. Casey, Ted Wolnik, Beverley Ricchuto, William Jakes,

and Carol Hosnedl, as follows:

1. This action arises under 42 U.S.C. §1982 and 42

U.S.C. $§ 3601 et seq. Jurisdiction is conferred on this

court by 28 U.S.C. §1343(4) and §2201, and 42 U.S.C. §3612.

2. Plaintiff, Village of Bellwood, is a municipal corpo-

ration of Illinois located in the County of Cook.

3. Plaintiff, The Leadership Council For Metropolitan

Open Communities, is an Illinois not-for-profit corporation

charged with providing for equal opportunity in housing

and the elimination of discrimination in housing in the six-

county Chicago metropolitan area.

4. Plaintiffs, Sandra T. Sharp and Joyce Perry are and

were at all times relevant hereto black citizens of the

United States of America who reside in Cook County, Llli-

nos.

Complaint

5. Plaintiffs, Edward B. Powell, Mary P. Powell,

Charles Elliott, and Vicki Simmons, are and were at all

times relevant hereto white citizens of the United States

of America who reside in Cook County, Illinois.

6. Defendant, Gladstone Realtors, is an Illinois real

estate business with offices located at 10401 W. Cermak

Road, Westchester, and 5331 St. Charles Road, Berkeley, in

the County of Cook and the State of Illinois.

7. Upon information and belief Defendants, James D.

Doehring, Robert J. Casey, Ted Wolnick, William Jakes,

Carol Hosnedl and Beverley Ricchuto are real estate sales-

persons and agents of Defendant, Gladstone Realtor.

8. On or about September 15, 1975 and prior thereto

and continuing to the date thereof, Defendants, Gladstone

Realtors, James D. Doehring, Robert J. Casey, Ted Wol-

nik, Beverley Ricchuto, William Jakes, and Carol Hosnedl,

undertook efiorts to influence the choice of prospective

homebuyers on the basis of race, and discouraged prospec-

tive black homebuyers from purchasing homes in white

ureas on the basis of race, thereby engaging in unlawful

racial steering in violation of 42 U.S.C. §1982 and 41

U.S.C. $3604 in an area described as follows: An area bound

on the North by the Northwestern Railroad, on the East by

Belt Lines Railroad, on the South by the Eisenhower Ex-

pressway and on the West by Mannheim Road. The home-

buyers who are affected are those in the above area; and

those whe used or sought to use the services of Defendant,

Gladstone Realtor, and may have been so influenced or dis-

couraged based on race.

9. In doing the acts complained of, Defendants acted

intentionally and maliciously and were guilty of wilful and

wanton disregard of the rights of the Plaintiffs.

Complaint

10. Such acts and practices complained of hamper and

interfere with the work and purpose of the Plaintiff, The

Leadership Council For Metropolitan Open Communities

and cost The Leadership Council For Metropolitan Open

Communities money to provide an audit and other efforts

to eliminate such unlawful acts.

11. Plaintiff, Village of Bellwood, has been injured by

having the housing market in such village wrongfully and

illegally manipulated to the economic and social detriment

of the citizens of such village.

12. The individual Plaintiffs have been denied their

right to select housing without regard to race and have

been deprived of the social and professional benefits of

living in an integrated society.

13. Plaintiffs have no adequate remedy at law, or other-

wise, for the harm done by Defendants, and Plaintiffs are

suffering great and irreparable loss and will continue to

suffer great and irreparable loss unless the acts and con-

duct of Defendants are enjoined.

Wherefore, Plaintiffs pray:

(1) That the Court declare individual Plaintiffs cannot

be denied the right to inspect, negotiate for purchase of,

and/or purchase homes on the basis of race;

(2) That the Court issue an injunction permanently re-

straining and enjoining Defendants from illegal racial

steering, and enjoining Defendants from any efforts to il-

legally influence the choice of prospective homebuyers from

purchasing homes in particular areas because of race, and/

or from encouraging prospective homebuyers to purchase

a home in particular areas based on race;

Complaint

(3) That the Court grant actual damages of One Hun-

drd Thousand Dollars ($100,000.00) and Fifty Thousand

Dollars ($50,000.00) exemplary and/or punitive damages

each to the Village of Bellwood, and The Leadership Coun-

cil For Metropolitan Open Communities;

(4) That the Court grant actual damages and exem-

plary and/or punitive damages of Five Thousand Dollars

($5,000.00) each to Edward B. Powell, Mary P. Powell,

Charles Elliott, Vicki Simmons, Sandra T. Sharp and

Joyce Perry;

(5) That the Court grant reasonable attorney’s fees

and costs and such other relief as the Court may deem just

and proper.

/s/ F. Willis Caruso

Attorney for the Plaintiffs

F. Willis Caruso =

407 So. Dearborn Street

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J. Parsons

Seyfarth, Shaw, Fairweather

& Geraldson

55 East Monroe

42nd Floor

Chicago, Illinois 60603

(312) 346-8000

Plaintiffs’ Interrogatories

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

PLAINTIFFS’ INTERROGATORIES

(Filed October 31, 1975.)

Now Come Plaintiffs, by their attorneys, and propound

the following interrogatories to be answered under oath by

the defendants individually.

1. State your full name. With respect to the corporate

defendant, state the nature of the business entity, the date

founded, all predecessors and successors and assigns. State

the name and authority of the person answering for the

corporate defendant.

2. State the names and addresses of all other persons

having knowledge or information of the matters and inci-

dents described in the Complaint filed in this case. State

whether any statements were obtained from any of these

persons by you, your agents, or your attorneys, the name

and address of each such person, and the date of such state-

ment; if so, attach a copy of each such written statement.

/s/ F. Willis Caruso

Attorney for Plaintiffs

F. Willis Caruso

407 So. Dearborn Street

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J. Parsons

Seyfarth, Shaw, Fairweather

& Geraldson

55 E. Monroe

42nd Floor

Chicago, Illinois 60603

(312) 346-8000

Request for Documents

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN LIVISION

(Title omitted in printing.)

REQUEST FOR PRODUCTION OF DOCUMENTS

TO BE INSPECTED AND COPIED

(Filed October 31, 1975.)

Plaintiffs, by their attorney, pursuant to Rule 34 of the

Federal Rules of Civil Procedure request Defendant Glad-

stone Realtors to produce designated documents as de-

scribed below at 2:00 p.m. on the 25th day of November,

1975, at the offices of Gladstone Realtors, 10401 W. Cermak

Road, Westchester, Illinois.

At which time the Plaintiffs, said attorney, and persons

acting on their behalf shall be allowed to inspect and copy

documents described as follows:

1. All listings of residential real estate either listed ex-

clusively with Gladstone Realtors or available to said de-

fendant for sale through multiple listing or otherwise from

October 1, 1974 through October 25, 1975.

2. All office documents relating to residential real estate

available for sale including, but not limited to, lists, memo-

randa, reports, reports of listed properties, sale reports

and the like from October 1, 1974 through October 25, 1975.

3. All documents relating to names, addresses and tele-

phone numbers of prospects for purchase of residential

property, talked to, contacted and/or interviewed by sales

personnel of Defendant Corporation, including, but not

limited to, prospect cards, notes, memoranda, telephone

Request for Documents

prospect sheets or cards, call-back lists, reports of show-

ings, reports of prospects, prospect books and the like from

October 1, 1974 through October 25, 1975.

4. All documents showing the addresses of all residen-

tial real estate shown and/or offered to the prospects re-

vealed by the documents requested in 3 above.

5. All newspaper ads and other advertisements for all

properties listed for sale including ads for individual

homes as well as display ads from October 1, 1974 throug

October 25, 1975.

6. All records and documents showing contracts entered

into and sales consummated by the Defendant Corporation

and its predecessor from October 1, 1974 through October

25, 1975 including, but not limited to all documents show-

ing:

a) the address of properties sold;

b) address of Defendant Corporation’s office consum-

mating said sale;

c) name or names of salespersons consummating said

sale for Defendant Corporation;

d) names of salespersons sharing in or paid a commis-

sion for said sale;

e) whether any of the above sales were as a result of

referrals from other real estate entities;

f) names, addresses and race of the persons purchasing

said properties;

g) the immediate prior address of the persons pur-

chasing said properties; and

Request for Documents

h) names, race and present address of the sellers of

said properties.

/s/ F. Willis Caruso

Attorney for Plaintiffs

F. Willis Caruso

407 So. Dearborn Street

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J. Parsons

Seyfarth, Shaw, Fairweather

& Geraldson

55 E. Monroe

42nd Floor

Chicago, Illinois 60603

(312) 346-8000

CERTIFICATE OF SERVICE

Rachael Davis, being duly sworn on oath deposes and

states that she mailed the foregoing Plaintiffs’ Interroga-

tories, Plaintiffs’ Request For Production of Documents

To Be Inspected And Copied, as well as Notice of Filing,

to James D. Doehring, 10401 W. Cermak Road, West-

chester, Illinois and 5331 St. Charles Road, Berkeley, Illi-

nois, by depositing true and correct copies of same in the

United States mailbox at 407 So. Dearborn Street, Chicago,

Illinois 60605, this 3lst day of October, 1975, at or before

the hour of 5:00 p.m.

/s/ Rachael Davis

Rachael Davis

Subscribed to and sworn before

me this 31st day of October, 1975.

/s/ Della Brunson

Notary Public

My Commission expires Oct. 19, 1979

(Seal)

Notice; Motion to Dismiss

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

NOTICE OF FILING

(Filed November 17, 1975.)

To: F. Willis Caruso

Attorney for i iaintiffs

407 S. Dearborn Street

Suite 1360

Chicago, Illinois 60605

Please Take Notice that on the 17th day of November,

1975, we filed with the Clerk of the United States District

Court for the Northern District of Illinois, defendants’

Motion to Dismiss, a copy of which is herewith served upon

you.

Jonathan T. Howe

Attorney for Defendants

Jenner & Block

One IBM Plaza

Chicago, Illinois 60611

222-9350

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

MOTION TO DISMISS

Pursuant to Rule 12(b) of the Federal Rules of Civil

Procedure, defendants move this court for an order dis-

missing the complaint in the above-entitled cause on the

following grounds:

1. This Court lacks jurisdiction in this case because

the complaint does not state a cause of action under 42

Motion to Dismiss

U.S.C. §1982 or 42 U.S.C. §$3601 et seq. ‘‘Racial steering’

as alleged in the complaint does not state a violation of

42 U.S.C. §1982 and §3604, even if the allegations were

true.

2. Since as a matter of law the allegations do not state

a cause of action under the above statutes, this Court has

no jurisdiction under 28 U.S.C. $1343 (4), 28 U.S.C. §2201,

and 42 U.S.C. §3612. No other ground for jurisdiction is

alleged or proper in this case.

Respectfully submitted,

/s/ Jonathan T. Howe

Jonathan T. Howe

Attorney for Defendants

Jenner & Block

One IBM Plaza

Chicago, Illinois 60611

222-9350

CERTIFICATE OF SERVICE

Dorothy Keller, on oath deposes and states that she

caused a copy of the foregoing Notice of Filing and Motion

to Dismiss to be served on F. Willis Caruso, Attorney for

Plaintiff:, 407 S. Dearborn Street, Suite 1360, Chicago,

Illinois 60605, by placing a true and correct copy of same

in an envelope, properly addressed with postage prepaid

and depositing same in the U.S. Mail at One IBM Plaza,

Chicago, Illinois 60611, this 17th day of November, 1975.

/s/ Dorothy Keller

Subscribed and sworn to

before me this 17th day

of November, 1975.

/s/ Ruth Schwoegler

Notary Public

(Seal)

Defendants’ Discovery Request

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

DEFENDANTS’ DISCOVERY REQUEST

(First Wave)

(Filed February 11, 1976)

As their first wave discovery request in this case, defen-

dants submit the following Interrogatories, Request to

Product (sic.) and Request to Admit to plaintiffs:

INTERROGATORIES

Il. With respect to each plaintiff,

(a) State his full name and each other name by

which he has been known since age 18.

(b) State his present home address and each other

address at which he has resided since age 18, indicat-

ing the dates of each such residence.

(d) State his social security number.

(e) Identify his present employer and each other

employer since age 18.

(f) Identify each officer, di.ector and principal

managing agent of plaintiff The Leadership Council

for Metropolitan Open Communities and with respect

to each officer and principal managing agent describe

his duties in that capacity.

(g) Identify each official or agent of plaintiff Vil-

lage of Bellwood who has authorized the bringing of

this suit on its behalf.

(h) Identify each official and agent of the Village

of Bellwood who has knowledge of the injury alleged

in paragraph 11 of the Complaint.

ed .

Defendants’ Discovery Request

(i) Identify each officer and agent of plaintiff The

Leadership Council who has knowledge of the money

expended by said plaintiff to provide the audit and

other efforts referred to in paragraph 10 of the Com-

plaint.

(j) Identify the officer or agent of plaintiff The

Leadership Council who is best able to testify to the

types of records maintained and to the record keeping

and filing procedures of said party.

(k) If any of the plaintiffs are members of a Block

Club, identify the Block Club and each officer, principal

managing agent and spokesperson therefor.

(1) If any of the individual plaintiffs is or has

Leen a party to a lawsuit (other than the instant case)

or a defendant in a criminal case, state with respect

to each such plaintiff the full caption of the case (in-

cluding case number, court and all parties) and give

a brief description of the nature of the case.

I2. With respect to the allegations contained in para-

graph 8 of the Complaint:

(a) Identify each act and/or communication of

each defendant which you contend is evidence of an

effort on his part to influence the choice of prospective

homebuyers on the basis of race.

(b) Identify each act and/or communication of

each defendant which you contend is evidence of his

discouraging prospective black homebuyers from pur-

chasing homes in white areas on the basis of race.

each defendant which you contend is evidence of his

engaging in unlawful racial steering in violation of

42 U.S.C. § 1982 and 41 (sic.) U.S.C. § 3604.

Defendants’ Discovery Request

(d) Identify each homebuyer who you contend used

or sought to use the services of Gladstone Realtor and

whose choice was influenced on the basis of race.

(e) Identify each homebuyer who used or sought

to use the services of Gladstone Realtor who was dis-

couraged from purchasing a home on the basis of race.

13. Identify each person whom plaintiffs expect to call

as an expert witness at trial and with respect to each:

(a) State the subject matter on which the expert

is expected to testify.

(b) State the substance of the facts and opinions

to which the expert is expected to testify.

opinion.

(d) State the title of the case, case number, court

and date(s) on which said expert has testified (either

at trial or in deposition) on behalf of any plaintiff

herein or on the same subject matter as his expected

testimony herein.

I4. With respect to the allegations contained in para-

graph 10 of the Complaint:

(a) State the amount of money expended by The

Leadership Council to provide an audit.

(b) Identify the recipients of all said moneys.

I5. Do you contend that the Village of Bellwood has

expended money as a result of any of defendants’ activities

which are complained of in the Complaint herein?

(a) If the answer is yes, state the amount of money

so expended by the Village of Bellwood.

(b) Identify the recipients of all said moneys.

I6. With respect to each oral conversation between or

among each plaintiff, or anyone purporting to act on his

Defendants’ Discovery Request

(their) behalf, and each defendant, or anyone purporting

to act on his (their) behalf, from January 1, 1975 to the

present time:

(a) Identify the parties to the conversation.

(b) State the date of the conversation.

tify all persons present.

(d) If the conversation was by phone, state who

called whom.

(e) State what was said by each party to the con-

versation or, if unable to do so, state the substance of

what was said by each party to the conversation and

indicate that it is the substance rather than the exact

words that is being reported.

I7. Do plaintiffs contend that each of the defendants

discouraged prospective black homebuyers from purchas-

ing homes in white areas on the basis of race?

(a) If the answer is yes, with respect to each de-

fendant identify the black homebuyer and state the

date of the discouragement.

(b) If the answer is no, identify those defendants

as to whom you claim such activity and with respect

to each identify the black homebuyer and state the

date of the discouragement.

I8. Identify each person not heretofore identified in

response to Interrogatory I1 through Interrogatory I7,

both inclusive, who has knowledge of any fact upon which

the Complaint herein is based and with respect to each

such person state the substance of the facts as to which he

has knowledge.

19. Have plaintiffs withheld any documents called for

in the Request to Produce submitted herewith because of

Defendants’ Discovery Request

a claim of privilege or work product? If the answer 1s

yes, state with regard to each such document:

(a) The date of the document.

(b) The nature of the document (e.g. letter, memo-

randum, tape recording, etc.).

(d) The subject matter of the document.

(e) The length of the document.

(f) The addressee of the document. Sha

(g) Identify all persons known to plaintiffs to

have seen the document or a copy thercof.

(h) The nature of the privilege or work product

claim.

REQUEST TO PRODUCE

Pursuant to Rule 34 of the Federal Rules of Civil Pro-

cedure plaintiffs are requested to produce for inspection

and copying by attorneys for defendants the following

designated documents. The production is to be made in

the law offices of Jenner & Block, 43rd Floor, One IBM

Plaza, Chicago, Illinois 60611 commencing at 10:00 a.m.,

March 1, 1976: .

R1. Each document which relates or refers to or which

is evidence of each act and communication identified by

plaintiffs in response to interrogatory 12, including with-

out limitation each document to which plaintiffs referred

or which they used to refresh their recollection in verify-

ing the answer to interrogatory [2.

R2. The curriculum vitae for each expert witness named

in response to interrogatory I3.

R3. Each previous deposition transcript and previous

transcript of trial testimony of each expert witness identi-

fied in the answer to interrogatory I3.

Defendants’ Discovery Request

R4. Each document which refers or relates to or which

is evidence of the amount of money and recipients of said

money stated in response to interrogatory I4, including

without limitation each document to which plaintiffs re-

ferred or which they used to refresh their recollection in

verifying the answer to interrogatory I4,

RS. Each document which refers or relates to or which

is evidence of the amount of money and recipients of said

money stated in response to interrogatory 15, including

without limitation each document to which plaintiffs re-

ferred or which they used to refresh their recollection in

verifying the answer to interrogatory I5.

R6. Each document which relates or refers to, which

is evidence of, or which purports to summarize, either

wholly or in part, each conversation identified in response

to interrogatory I6.

R7. Each document which relates or refers to or which

is evidence of each fact stated in response to interrogatory

I7, including without limitation each document to which

plaintiffs referred or which they used to refresh their rec-

ollection in verifying the answer to interrogatory I7.

R8. Each document which refers or relates to or which

is the product of the audit referred to in paragraph 10 of

the Complaint.

R9. Each document which was produced by or received

by plaintiffs, and each of them, from January 1, 1975 to

the present time which refers to each and any of the fol-

lowing:

(a) James D. Doehring

(b) Robert J. Casey

(d) Beverly Ricchiuto

(e) William Jakes

Defendants’ Discovery Request

(f) Carol Hosnedl

(g) Complaints of racial steering by Gladstone

Realtors.

R10. Each document which contains instructions to the

testers to conduct an audit concerning defendants.

Ril. Each document which purports to summarize or

collate the results of the audit concerning defendants.

R12. Each document sent to each defendant by each

plaintiff (with the exception of the Village of Bellwood)

and each document received by each plaintiff (with the ex-

ception of the Village of Bellwood) from each defendant

from January 1, 1975 to the present time.

R13. Each document which purports to instruct the

testers in the procedure to be followed in conducting an

audit.

R14. Each document which plaintiffs’ contend con-

stitutes evidence of the economic and social detriment suf-

fered by the citizens of the Village of Bellwood as a result

of defendants’ conduct.

R15. Each document which plaintiffs intend to introduce

in evidence at the trial of this case and each document

which plaintiffs intend to use to refresh the recollections of

witnesses whom they intend to call in this case.

REQUESTS FOR ADMISSION

Pursuant to Rule 36 of the Federal Rules of Civil Pro-

cedure plaintiffs are requested to admit the truth of the

following matters:

Al. None of the individual plaintiffs who had conver-

sations with the defendants had the intention at the time

of said conversations of purchasing a home.

A2. None of the individual plaintiffs who had conver-

sations with the defendants informed the defendants that

—_ oe

Defendants’ Discovery Request

they were conducting an audit on behalf of The Leader-

ship Council For Metropolitan Open Communities.

A3. None of the individual plaintiffs has had any con-

versation or business contact with defendant Ted Wolnik.

A4. None of the individual plaintiffs has had any con-

versation or business contact with defendant Beverly Ric-

chiuto.

DEFINITIONS

As used in this discovery request the following words

and phrases are defined as shown below:

1. ‘‘Document’’ means any writing, drawing, graph,

chart, photograph, tape recording, wire recording, computer

print-out and other data compilation from which infor-

mation can be obtained, translated, if necessary, by plain-

tiffs through detection devices into reasonably usable form.

2. ‘‘Identify’’ when referring to an employer means

the business name, address and phone number of the en-

tity for whom plaintiff works or worked and the name and

last known address of plaintiff’s immediate supervisor on

said job.

3. ‘‘Identify’’ when referring to a person means his

full name and last known address, telephone number, busi-

ness affiliation and job title.

4. ‘‘Identify’’ when referring to an act means to de-

scribe the act, state the date of the act, name the actor

and identify all known witnesses to the act.

5. ‘‘Identify’’ when referring to a communication means

to state the date and content of the oral communication

identifying all parties and witnesses to the oral communi-

eation and stating what was said by each and means to

state the date, author and type of document of a written

communication.

Defendants’ Discovery Request

6. When used herein the masculine gender of pronouns

is meant to include the feminine gender as well and singular

nouns are meant to include the plural as well.

Russell J. Hoover

One of the Attorneys for Defendants

Jonathan T. Howe

Russell J. Hoover

JENNER & BLOCK

One IBM Plaza

Chicago, Illinois 60611

222-9350

Attorneys for Defendants

PROOF OF SERVICE

Margrett Kontek on oath states that she served a copy

of the foregoing Defendants’ Discovery Request (First

Wave) in case No. 75 C 3587 by placing same in an envelope

addressed to F. Willis Caruso, Esq., 407 South Dearborn

Street, Suite 1360, Chicago, Illinois 60605, with proper,

prepaid postage affixed thereto and by placing same in the

United States Government mail chute at One IBM Plaza,

Chicago, Illinois on Monday, February 2, 1976 before the

hour of 4:00 p.m.

Margrett Kontek

SUBSCRIBED AND SWORN to

before me this 2nd day

of February, 1976.

Virginia Blaski

Notary Public

(Notary Seal)

Order

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

ORDER DENYING MOTION TO DISMISS

(Filed March 29, 1976)

Defendants moved on November 17, 1975, to dismiss the

instant cause, asserting that the complaint failed to state

a cause of action under either 42 U.S.C. §1982 or 42 U.S.C.

$3604. On February 6, 1976, this court ordered defendants’

supporting brief to be filed within 10 days; none has been

filed. Inzsmuch as no brief has been filed, and the com-

plaint on its face does state a claim for relief under the

above statutes, the motion to dismiss is hereby DENIED.

BP rnard M. Decker

Judge

Notice of Filing

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

NOTICE OF FILING

(Filed April 2, 1976)

TO: Jonathan T. Howe

Jenner & Block

One IBM Plaza

Chicago, Illinois 60611

PLEASE TAKE NOTICE that on the 2nd day of April,

1976, we filed with the clerk of the United States District

Court for the Northern District of Illinois, Answers to

Defendants’ First Set of Interrogatories, copies of which

are herewith served upon you. ae

F. Willis Caruso

Attorney for Plaintiffs

F. Willis Caruso

Marie V. Sanon

407 So. Dearborn

Suite 1360

Chicago, Illinois 60605

341-9345

“—-

Answers to First Interrogatories

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

ANSWERS TO DEFENDANTS’ FIRST SET

OF INTERROGATORIES

Pursuant to the Federal Rules of Civil Procedure, Rule

33, Plaintiffs, Village of Bellwood, a municipal corporation

of the State of Illinois, The Leadership Council For Metro-

politan Open Communities, a not-for-profit corporation of

Illinois, Edward B. Powell, Mary P. Powell, Charles El-

liott, Vicki Simmons, Sandra T. Sharp and Joyce Perry,

hereby answers the interrogatories meee by Defen-

dants, as follows:

Il. With respect to each plaintiff,

(a) State his full name and each other name by which

he has been known since age 18.

Answer: See Appendix A*

(b) State his present home address and each other

address at which he has resided since age 18, indicating the

dates of each such residence.

Answer: See Appendix A*

(d) State his social security number.

Answer: See Appendix A*

(e) Identify his present employer and each other em-

ployer since age 18.

Answer: See Appendix A*

(f) Identify each officer, director and principal man-

aging agent of plaintiff The Leadership Council For Metro-

Answers to First Interrogatories

politan Open Communities and with respect to each officer

and principal managing agent describe his duties in that

capacity.

Answer: See Appendix B, Kale Williams, Executive

Director of the Leadership Council, 407 So. Dearborn,

Suite 1360, Chicago, Illinois, 60605. Thomas G. Ayers,

Chairman, Frederick G. Jaicks, President, and Edwin C.

Berry, Vice President.

(g) Identify each official or agent of plaintiff Village

of Bellwood who has authorized the bringing of this suit

on its behalf.

Answer: See Appendix E.

(h) Identify each official and agent of the Village of

Bellwood who has knowledge of the injury alleged in para-

graph 11 of the Complaint.

Answer: See Appendix E.

(i) Identify each officer and agent of plaintiff The

Leadership Council who has knowledge of the money ex-

pended by said plaintiff to provide the audit and other

efforts referred to in paragraph 10 of the Complaint.

Answer: Kale Williams, Executive Director, 407 So.

Dearborn, Suite 1360, Chicago, Illinois 60605.

(j) Identify the officer or agent of plaintiff The Leader-

ship Council who is best able to testify to the types of

records maintained and to the record keeping and filing

procedures of said party.

Answer: Kale Williams, Executive Director, 407 So.

Dearborn, Suite 1360, Chicago, Illinois 60605.

(k) If any of the plaintiffs are members of a Block

Club, identify the Block Club and each officer, principal

managing agent and spokesperson thereof.

Answer: See Appendix A’.

Answers to First Interrogatories

(1) If any of the individual plaintiffs is or has been a

party to a lawsuit (other than the instant case) or a de-

fendant in a criminal case, state with respect to each such

plaintiff the full caption of the case (including case num-

ber, court and all parties) and give a brief description of

the nature of the case.

Answer: Objection: Irrelevant, immaterial, not dis-

eoverable. However, plaintiffs state that they have suf-

fered no criminal conviction other than minor traffic con-

victions.

12. With respect to the allegations contained in para-

graph 8 of the Complaint:

(a) Identify each act and/or communication of each

defendant which you contend is evidence of an effort on

his part to (influence the choice of prospective homebuyers

on the basis of race.)

Answer: The act of Defendants which allegedly violate

42 U.S.C. $1982 and 42 U.S.C. §3601 et seq. are the subject

matter of the audit reports.

1) With respect to Plaintiff Edward Powell, See

Appendix A.

2) With respect to Plaintiff Mary P. Powell, See

Appendix A.

3) With respect to Plaintiff Charles Elliott, See Ap-

pendix A.

4) With respect to Plaintiff Vicki Simmons, See Ap-

pendix A.

5) With respect to Plaintiff Joyce Perry, See Ap-

pendix A.

6) With respect to Plaintiff Sandra J. Sharp, See Ap-

pendix A.

(b) Identify each act and/or communication of each de-

fendant which you contend is evidence of his discouraging

Answers to First Interrogatories

prospective black homebuyers from purchasing homes in

white areas on the basis of race.

Answer: See answer to I2(a).

each defendant which you contend is evidence of his en-

gaging in unlawful racial steering in violation of 42 U.S.C.

§1982 and 41 (sic.) U.S. §3604.

Answer: See answer to [2(a).

(d) Identify each homebuyer who you contend used

or sought to use the services of Gladstone Realtor and

whose choice was influenced on the basis of race.

Answer: The plaintiff auditors were acting in the ca-

pacity of homebuyers. See Appendix A.

(e) Identify each homebuyer who used or sought to

use the services of Gladstone Realtor who was discour-

aged from purchasing a home on the basis of race.

Answer: See answer to [2(d).

I3. Identify each person whom plaintiffs expect to

eall as an expert witness at trial and with respect to

each:

(a) State the substance of the facts and opinions to

which the expert is expected to testify.

Answer: Pierre DeVise; Demographics.

(b) State the substance of the facts and opinions to

which the expert is expected to testify.

Answer: See Appendix D.

opinion.

Answer: See Appendix D.

(d) State the title of the case, case number, court

and date(s) on which said expert has testified (either at

trial or in deposition) on behalf of said plaintiff herein or

on the same subject matter as his expected testimony

herein.

Answers to First Interrogatories

Answer: Metropolitan Housing Development Corpo-

ration v. Arlington Heights, 517 F.2d 409 7th Circuit Court

of Appeals.

I4. With respect to the allegations contained in para-

graph 10 of the Complaint:

(a) State the amount of money expended by the Lead-

ership Council to provide an audit.

Answer: $375.00.

(b) Identify the recipients of all said moneys.

Answer: John Woltjen, 407 So. Dearborn, Suite 1360,

Chicago, Illinois 60605.

I5. Dv vou contend that the Village of Bellwood has

expended money 9s a result of any of defendants’ activi-

ties which are complained of in the Complaint herein?

Answer: No.

(a) If the answer is yes, state the amount of money so

expended by the Village of Bellwood.

Answer: Not Applicable.

(b) Identify the recipients of all said moneys.

Answer: Not Applicable.

16. With respect to each oral conversation between or

among each plaintiff, or anyone purporting to act on his

(their) behalf, and each defendant, or anyone purporting

to act on his (their) behalf, from January 1, 1975 to the

present time:

(a) Identify the parties to the conversation.

Answer: See Appendix A.

(b) State the date of the conversation.

Answer: See Appendix A.

all persons present.

Answer: See Appendix A.

Answers to First Interrogatories

(d) If the conversation was by phone, state who called

whom.

Answer: See Appendix A.

(e) State what was said by each party to the conversa-

tion or, if unable to do so, state the substance of what was

said by each party to the conversation and indicate that

it is the substance rather than the exact words that is

being reported.

Answer: See narratives in audit reports, Appendix A.

The individual plaintiffs have from time to time conversed

with each other, however, the substance and dates of those

conversations are not specifically available, but are em-

bodied in Appendix A.

I7. Do plaintiffs contend that each of the defendants

discouraged prospective black homebuyers from purchas-

ing homes in white areas on the basis of race?

Answer: Yes, the individual plaintiffs in this matter

were auditors acting in the capacity of homebuyers.

(a) If the answer is yes, with respect to each defendant

identify the black homebuyer and state the date of the

discouragement.

Answer: See Appendix A.

(b) If the answer is no, identify those defendants as

to whom you claim such activity and with respect to each

identify the black homebuyer and state the date of the

discouragement.

Answer: Not Applicable.

I8. Identify each person not heretofore identified in

response to Interrogatory I1 through Interrogatory I7, both

inclusive, who has knowledge of any fact upon which the

Complaint herein is based and with respect to each such

person state the substance of the facts as to which he has

knowledge.

Answers to First Interrogatories

Answer: Lonnie Randolph conducted an audit, See Ap-

pendix A. John Lindsey conducted an audit, See Appendix

A. Kathleen Nichols conducted an audit, See Appendix

A. Sandra Sharp is a plaintiff who resides in Bellwood,

who has read the answers to interrogatories.

I9. Have plaintiffs withheld any documents called for

in the Request to Produce submitted herewith because of

a claim of privilege or work product? If the answer is

yes, state with regard to each such document:

Answer: No.

(a) The date of the document.

Answer: Not Applicable.

(b) The nature of the document (e.g, letter, memoran-

dum, tape recording, etc.).

Answer: Not Applicable.

(ce) The author of the document.

Answer: Not Applicable.

(d) The subject matter of the document.

Answer: Not Applicable.

(e) The length of the document.

Answer: Not Applicable.

(f) The addressee of the document.

Answer: Not Applicable.

(g) Identify all persons known to plaintiffs to have

seen the document or a copy thereof.

Answer: Not Applicable.

(h) The nature of the privilege or work product

clai

Answer: Not Applicable.

Answers to First Interrogatories

REQUESTS FOR ADMISSION

Pursuant to Rule 36 of the Federal Rules of Civil Pro-

cedure plaintiffs admit the truth to the following matters:

Al. None of the individual plaintiffs who had conver-

sations with the defendants had the intention at the time

of said conversations of purchasing a home.

Answer: Admit.

A2. None of the individual plaintiffs who had conver-

sations with the defendants informed the defendants that

they were conducting an audit on behalf of the Leadership

Council For Metropolitan Open Communities.

Answer: Admit.

A3. None of the individual plaintiffs has had any con-

versation or business contact with defendant Ted Wolnik.

Answer: Admit.

A4. None of the individual plaintiffs has had any con-

versation or business contract with defendant Beverley Ric-

chuto.

Answer: Admit.

Appendix A®

Vicki Simmons

4004 Warren Ave.

Bellwood, JL

544-4375

SS#—336-40-9073

Previous Address—

7340 Wrightwood, Elmwood Park

2137 No. Nagle, Chicago

Mary P. Powell (Mary P. Puricelli)

111 30th Ave.

Bellwood, IL

544-7691

SS#—320-42-5915

Answers to First Interrogatories

Previous Address—

2115 25th Ave., Broadview, IL—6/69-2/71

17 Ashbel, Hillside, IL—1948-6/69

Charles L. Elliott

3211 Jackson

Bellwood, IL—1967-Present

544-2803

SS#—349-32-4252

Previous Address—

4210 N. Kimball, Chicago,—1954-1963

4108-6 Melrose—1963-1967

Kathleen Nichols

928 Bellwood

Bellwood, IL

544-0081

SS#—Refused to Release

Previous Address-—

5229 W. Race—1952-1969

2402 N. New England, Chicago—1969-1974

Lonnie Randolph

12101 S. Emerald

Chicago, IL—1974-Present

928-6556

SS#—307-54-8254

Previous Address—

4950 Kennedy, East Chicago, IN

625 W. Wrightwood—1973-1974

Employer:

Masonite Corp., 17050 Lathrop Ave., Harvey, IL

Mobil Oil

Leadership Council, 407 So. Dearborn, Chicago, Illinois

Answers to First Interrogatories

John Lindsey

7343 Prairie

Chicago, IL—1974-Present

224-5512

SS#—353-30-0044

Previous Address—

2801 King Drive, Chicago, IL—1968-1970

2951 King Drive, Chicago, IL—1971-1974

Joyce Perry

134 Granville

Bellwood, IL

544-5074

SS#—274-42-0584

Previous Address—

1668 Bryn Mawr, E. Cleveland, OH, 1967-1971

1412 Madison, Maywood, [L—1971-1975

Sandra J. Sharp

1401 8. 16th Ave.

Maywood, IL

345-1762

SS#—339-36-4853

Previous Address—

228 N. LaCrosse, Chicago, IL—1970-to-date

4639 W. West End Ave., Chicago, IL—1965-1966

513 N. Homan Ave., Chicago, IL—1964-1965

Edward B. Powell

111 30th Ave.

Bellwood, IL

544-7691

SS #—358-34-1199

Previous Address—

2115 25th Ave., Broadview, IL--1969-1971

159 Bode Road, Hoffman Estate, IL—1968-1969

552 N. Avers, Chicago, IL—1955-1969

Answers to First Interrogatories

EMPLOYMENT INFORMATION

Lonnie Randolph

Standard Oil of Indiana, Whiting, Indiana

Inland Steel, East Chicago, Indiana

Atlantic Richfield, East Chicago, Indiana

Citeo Oil Refinery

Walgreen Co., Chicago, Illinois

Mobil Oil Corp., Niles, Illinois

Masonite Corp., Chicago, Illinois

Leadership Council, Chicago, Illinois—Present

Block Club: None

Never a criminal defendant

Other Litigation: Randolph vs. Rynberk, 74 C 3671

John Lindsey

Chicago Board of Education

Leo Burnett Advertising Agency

Tuesday Publications

Living Together Publications

Leadership Council,—Present

Block Club: 73rd & Prairie; Pres. George Lee

Never a criminal defendant

Other Litigation: None

Vicki Simmons

Capon Drugs, Beakley, IL

Block Club: Bellwood Block Club; Chairman—Ross

Ferraro

Chairwoman—.Jean Keating; Treasurer—-Joyce Lev;

Secretary—Vicki Simmons

Never a criminal defendant

Other Litigation: None

Mary P. Powell

Stanadyne, Bellwood, IL

Block Club: None

Answers to First Interrogatories

Never a criminal defendant

Other Litigation: Bellwood v. Gladstone Realty, 75 C

3587 ; Bellwood v. Hintze, 75 C 3589; Bellwood v. Dwayne

Realty, 75 C 3588

Edward B. Powell

MTTR Associates, Westchester, IL

Four Phase System, Des Plaines, IL

Servitech, Inc., Westchester, IL

Hypertech, Inc., Harwood Heights, IL

Xerox Data Systems, Chicago, IL

First National Bank of Chicago, Chicago, IL

Block Club: None

Never a criminal defendant

Other Litigation: Meade Electric vs. Powell, 75 Mi 112178;

Bellwood v. Gladstone, 75 C 3587; Bellwood v. Dwayne,

75 C 3588; Bellwood v. Hintze, 75 C 3589

Charles Elliott

Oscar Mayer & Co., Chicago, Illinois

Fredricks Catering Service, Oak Park, Illinois

Lincoln Bottling Co., Chicago, Illinois

Alloy Automotive Co., Chicago, Illinois

Keebler Co., Elmhurst, Illinois

Motorola, Inc., Chicago, Illinois

Brunswick Corp., Skokie, Illinois—Present

Block Club: Bellwood Block Club; Chairman—Ross Fer-

raro, Chairwoman—Jean Keating, Treasurer—Joyce

Lev, Secretary—Vicki Simmons

Never a criminal defendant

Other Litigation: Bellwood vs. Hintze, 75 C 3589; Bell-

wood v. Dwayne Realty, 75 C 3588; Bellwood v. Glad-

stone, 75 C 3587

Kathleen Nichols

Government employee (Refused to be more specific)

Block Club: None

Answers to First Interrogatories

Never a criminal defendant

Other Litigation: None

Sandra Sharp

Village of Maywood—Present

School District +89

Tetailers Commercial Agency

Block Club: None

Never a criminal defendant

Other Litigation: Plaintiff in Sandra 7’. Sharp and Carolyn

Bailey v. School District #89, 1973; Bellwood v. Hintze

*Plaintiff Sandra Sharp is a citizen of Bellwood who has

read the Answers to Interrogatories.

Joyce Perry

Lenerae Electric, Cleveland, Ohio

Calvert Distillers, Cleveland, Ohio

Guiliford & Sons, Cleveland, Ohio

Lenerae Electric, Broadview, IL

Lien Chemical Co., Franklin Park, IL

Block Club: None

Never a criminal defendant

Other Litigation: Bellwood v. Dwayne, 75 C 3588

/s/ Kale Williams

Kale Williams

Subscribed to and sworn before me

this 2 day of April, 1976. (Seal)

/s/ David A. Schucker

Notary Public

My Commission Expires November 15, 1977

F. Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Chicago, Illinois 60605

341-9345

Answers to First Interrogatories

/s/ Charles Elliott

Charles Elliott

Subscribed to and sworn before me

this 2 day of April, 1976.

/8/ David A. Schucker

Notary Public

My Commission Expires November 15, 1977

F. Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Chicago, Illinois 60605

341-9345

/8/ Mary P. Powell

Mary P. Powell

Subscribed to and sworn before me

this 2 day of April, 1976.

/8/ David A. Schucker

Notary Public

My Commission Expires November 15, 1977

F, Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Chicago, Lllinois 60605

341-9345

/s/ Vicki Simmons

Vicki Simmons

Subscribed to and sworn before me

this 2 day of April, 1976.

/8/ David A. Schucker

Notary Public

My Commission Expires November 15, 1977

(Seal)

Answers to First Interrogatories

F, Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Uhicago, Illinois 60605

341-9345

/s/ Edward B, Powell J

Edward B. Powell

Subscribed to and sworn before me

this 2 day of April, 1976.

/s/ David A. Schucker

Notary Public

My Commission Expires November 15, 1977

F, Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Chicago, Illinois 60605

341-9345

/s/ Joyce Perry

Joyce Perry

Subscribed to and sworn before me

this 2 day of April, 1976.

/s/ David A. Schucker

Notary Public (Seal)

My Commission Expires November 15, 1977

F. Willis Caruso

Marie Sanon

407 So. Dearborn St.

Suite 1360

Chicago, Illinois 60605

341-9345

Exhibits attached to Interrogatories

AFFIDAVIT OF SERVICE

Rachael Davis, being duly sworn on oath and deposes

and states that she gave the foregoing Answers to Defen-

dants’ First Set of Interrogatories to a messenger sent by

Johnathan T. Howe, Jenner & Block, One IBM Plaza, Chi-

cago, Illinois 60611, here at 407 So. Dearborn Street, Chi-

cago, Illinois, at or before the hour of 5:00 p.m. on the 2nd

day of April, 1976.

/s/ Rachael Davis

Rachael Davis

Subscribed to and sworn before me

this 2 day of April, 1976.

/8/ David A. Schucker

Notary Public (seal)

My Commission Expires November 15, 1977

EXHIBIT 4

SALES AUDIT REPORT FORM

Auditor’s Race: Cau.

Auditor’s Name: Edward B. Powell

Auditor’s Address: 111 30th, Bellwood

Auditor’s Phone Number: 544-7691 — (457-6682—work)

Real Estate Firm’s Name: Gladstone

Phone Number: 544-6800

Real Estate Firm’s Address: 5331 St. Charles, Berkeley

Date and Time of Inquiry: 12:30, 9/16/75

Real Estate Agent’s Name: Donald Wagner

Addresses and Listing Prices of Properties Offered for

Sale:

Address Price

SPSS SESS OSE ETE EHSSEOSOSSEESSSS ESSE SEEDS SSSSSSSSS SOS SESS SSS eSeeeeeS

Exhibits attached to Interrogatories

Addresses and Listing Prices of Properties Seen:

Address Price

1. 405 Fredrick, Bellwood $38,500

2. 324 St. Paul, Bellwood $38,900

3. 414 Marshall, Bellwood $41,500

4. 3716 Butterfield, Bellwood $40,900

Information Given to the Agent by the Auditor:

Name: Edward Powell Phone Number: 885-2113

Address: Hoffman Estates

Family Size: 2 small children

Income: Not asked Downpayment : $10,000

Present Home Sold Or Up For Sale? rent duplex

Credit Information (if any): not asked

State Exactly What You Asked For When You Entered

The Real Estate Office:

3 bedroom brick in either Westchester, Broadview, Bell-

wood, Berkley, Hillside. We asked for high 30’s low 40's.

State In A Narrative Form Your Conversation With the

Real Estate Agent: .

Salesman gave us listing book to look at and said he will

show us any home we wanted to see. When we picked a

home on Zulke Drive out he said he could show us better

homes of the same type if we were interested. He said if

we did not see anything in the book he would take us to

the homes he thought were the best for the money.

No comments were made about race. No homes picked

to see by salesman were near Zulke Drive or in the section

east of Mannheim and South of Madison even tho many

houses in that area were in the book.

Exhibits to Answers to Interrogatories

D ia . LETS EETEE: Sinn SR .

tena f ar nee waen| senate 3724 St. Peul Avenue eel 9 125 - —_

Revahmee Pee 3902221 ewrete bet we on | OOP del wood Crm we rr waar, Cos F

= om. te comme = Brich/Ceders 3 8 4 a ‘

~ tne amp to a Si-Levat F vaness 74 |OF86. asemr. | eaeares

notice, , . $716 ‘s 22.

Gladstone, Realtors oor Upility y Foon > a0 omp service °

S001 St. Charts Hd. / Berctey. Minmm mite) / Senannn ver Living rm, dining ra, 3 bedroom, fom! ty Tm, ki cehan t% beck .

7 i 3 j ~e 0 Cateee ete eatirte etenen a_i . ,

tine ee ae | ce *. . bo . .. *

: i. researnem 90 deys ‘cher closing oo rom tava Relocating

120-86 — aa cee semaess = HeKInley = St. Simeon = “omg vent

me —— remem 3716 Butterfield Rood eh. 1s7 wwe 120-$-6 j oun Westtown = CTA ———. ©

eae Be! |wood ° ane. leno. | SaTRe “tar GOS 73 6-4 ? —— 96

= heal Srick #184 3s l\ier yd) mc emens ane ” sot to voll carpeting In living ress, dining

=z = om ¢ 2S |? ', S29y) ; * 40,900 ‘, room, hellway & 2 bedrooms . Fenced yard. ©2 sheds; |! gym set; patio. a

Lotteg may bo | S76 Ranch ee , pee (SS Gee [eee over > Aluminum $/3; 3 oluminun doors. Space heater Io femily room, * Mirror tn —y

coe 196) xem — | $684 ome races = | dining room. Alr canditioner In tomy, room, Femi ly room is paneled. Cott Pees

can Fu ~ a a i ~— ry #§] Alt drapes. Be tt: 22 4 ‘es

wr = Living room, kitchen with dining ores, 3 bedrooms, beth . 3 a See —

} me » } - * i. ve y ” = = . = ; Ow

‘ es : on a

rs» * af “ sae a é on Nt.6u 1 c O-

— - — eo tiall ;

Paerecmom 30 days efter closing J aeagen von‘oe = pa

seme eKInley | te - = s fl 57 t+ ---+--

ao oes 7 ° o.a. ‘+ a

wonresen, $3,000 Westchester sn, ome" “a : ———— ; _

EE) msvwrens ane ranconas pnosenre, +h “ “.

f, Corpeting In living ‘room and 7 peered ‘Combination aluminum storm sash.) 208-36 P Bap

! ‘ All drapes & curtelns:, Gas’ renge % refrigerator. — Patlo ts reer door. citer ae 414 Marshe!! 7 i “£5 "Sno “ram acne oot 208-$56

Window ir conditioner. “No FHA or WA 2." Ue , pnomme mora. pt ees PO Bellwood © ka7rex aT °

te” ve Ps ° od i ve . 2%. ‘ Call firse 207? ne Nebiliny Orick * : 4 ra 3 | — al

¢ *" Od ah ot oe . . for omen. the | <Oner™ \ * 41,500

} an 86, SOR. op - (Posting wor be) STTNS Seorgian '". eamee = #06, anew, | eamaom: ‘

~P : A, ee a-@m, cle * ta om a SY .o. $610 The : .

CIACCIO, Anthony & Josephine + eas. tmone, 1547-0481 — coon Full, ~ flalohed, tiled ?loor, shower m baverent a

? Genesee coger a” SERVICE ve THN wer Kitchen, dining room, Miving « room” 4, as

aes : } me 3 bedrooms, P bath ) be oY 4 4

ov 7; o* 2.ss “ ee

. . -. > en

i. Poteson Octdber 15, 1975 he ason roe se. Bought In Callfornia os

eenoor: . . . f is _ . ef

bs a . "< eee re =

25] wonrecee: "a-, “eqs Pvaname, OE

“! (EL URONS 26 O PERSONAL PeOtERTY, al Vinton storms € screens & awnings |

: Washer & dryer In basement stay.’ Kitchen tiled: Mew floor, Stove &

refrigerator & chendeller In dining room are el! negotieble. All carpeting

™ 5|& drapes ‘stey In home. Shutters upstelrg stay. “New garage. Aluminua

69 3 siding om garege. Ultra sharp Inside & out!! Lendscaping Fan-tes-tic!

H / ee “

tiny al Ot oe Bate

KRAFFT, Eugene & Sclly * Ss: suet 14g ce

: eacuunve sean: GLADSTONE, REALTORS - Bc rkeley Pnowe Sie-6300

Paces Penson: 0 ;

44 45

Exhibits to Answers to Interrogatorves Exhibits attached to Interrogatories

ee ee ae 9-28-75

LT acfesfca] em eo omen me eos | Be Cope Cog Swe Brick te 25 Talked with C. Hosnedl, Gladstone. Walked into office,

t — = re ee | ye ee eee picked up two ‘‘Home’’ magazines. Asked if she could

Sa bas a TS oe oe a el help me. Told her I was interested in buying a home.

P dj eentest> fT Tae tens aie -ccanectall Asked for particulars. Said 3 bedroom brick, preferably

1}} ea " Tarsae—— pe oe ranch, dining room & basement desirable but not necessary.

iy ome fit. ea | 3 rane etme Gad Asked if I had dining room set, said no. Asked how old

i “ aa ae CE tem tr fee Bought remem AC a home we desired—under 20-25. Priced between $35-

{i a EN, 3 Hater, an ars 40,000 w/ 20-25% down. Started showing listing book—

; Hl Gnem ALI Gencminations.ee © tes |) 8 Cr ; <U Westchester first area. Said homes started at over 40, so

a; a Netcigoreter Ts cesenent. aT ee a Pa nt . that would eliminate that area. I said ‘‘maybe I shouldn’t

“ stay. 3 aif conditioners: Dining Foon inet) | : say this, but we’re willing to go as high as $45,000.’’

atl nn en te | ae —=, Asked about the current mortgage rate, said she knew she

eu SPLITT, Jerome & Donna” © mmen.5u=7629 ' | ~. OOD. could get 9% + 142% closing fee.

— a ag ry ) When she asked if I would require a basement—told

a is i ii her it wasn’t a requirement, but would like one for my

son to play in winter. After mentioning my son—told her

he was of school age and wanted an area that had excellent

schools, so he wouldn’t have to go to a private one. Said

all the schools in that general vicinity were excellent. Con-

tinue to browse thru listing book. Told her I was becom-

ing confused & headachey from all the homes and would

she pick out a few, so I would show to my husband. She

did.

Asked about a map of the area, about two times, said

she did not have one of the general areas, just specific

ones, ie Bellwood. I said maybe my husband would

pick one up or I could get one at the gas station, said she

doubted whether we could get one at a gas station. While

72 she was removing the listing sheets, I asked about the

‘‘HOMES’’, La Grange Area. Said that area tends to

run higher—did not pursue. Asked about 95% financing,

said couldn’t get-—maybe 90% but would run 10% + 142%.

Said I would show husband and call, said she would

be busy Tuesday, and if J had any trouble locating areas

to call her.

Exhibits to Answers to Interrogatories

vere ow au0eCe JIG St. Charles Rood “ _ 125 — ~— Sorrow

bentiate< 35 a ? ts i om dee Oen.diee

tvete are - | OT" Bel wood cy mes jree. oarm, wear Gas FA 6-4

Se mn eis = (Or tek 5 | 3 [3% Teo, ete 43,900

isting may te | PPS rs Kaneh taans sere. aseer, eansow 2S-c9r

werged witienwt | ho. Will ob ide Ori

= one Pr 1988" a.o8. Surrise $689. wal pa: ¢ hal ; mo ct 4 races s -_

eer, Full = bancled tecreation room - ayy bath - uti tity reon aonm mare

' deer Living rm, kitchen and dining area, 3 bedrooms € hath so 16 18

- — 10 x 24.6

; two -

Le es |

s oe 12%96

=> ——— —_—_— oe ia or 610 x 9.6

Sy POtE HON y+ or sooncr WEAIONW FOR F4Le =

E| senor. McKiniey - St. Simeon en

Eg wer West Towns - | block CASS: CURES ete

Se] wonteser, Contral Fed, S/L =~)

Hi imCKUHOND amo Pewsowa, weaowaare CONTRAL AIR CONDITICNID TITLE Fomm

‘3 Wall to wall carpet in living room et stairs, Curtains, crapes & shades, Se es

Bou) DRAPES IN LIVING ROOM PO NOT STAY. Built-in oven & range. BAR IN REC.

rf ROOM DOES NOT STAY, Aluminum baked enamel soffits. $/S & $/Ooors. Coll three

> Cyclone fenced yard.

A QUALITY BUILT HOME VERY WELL MAINTAIN: Hany Extras fo “

ou Prone:

| owner: / ARISPE, Ralph V. & Therese aan Guonm, _ Seeeerte cs er

f Peseiuner seeut, CEentuar 21), KAINE REALTY rrome 344-0830

82,08 Faeson: :

~ 451-36

This information) anoeess 1012 Cernan ma oe — SOP 451-56

be comldored wc - __ 40 » 105 5/8

enue te <0 ene Cr9% Be! Inwood rrr) ero. [eatns |weat cas FA . 6-4

ge Ange compre = Brick 6 {3 ’ _3 Sererel air * 38,900

Noting mor be | °°" SE Bi-Level tancs ix acter. Ganace: 2-car

Werped withows | & O.

a ee __ eon ss $640 | Gene 4.0. Paces

om Partial - Recreation room acen 133 10?

ver Living room, dining room, cabinet kitchen, Cl bath & bedroom, on 10.7 . 9 ?

J mo 2 bedrooms a WB x BI

e= 10.5 x 9.7

7? ~.ae eS = — eo 613.4 x 9.10

By | rerseinon 30 doys after closing MEADOW POW BALE 13.4 « 9.10

eenoo.: Lincoln = St. Simeon ~

He eum MICK. AVAL AME on

ven

45 moeToaue, Seeanenian

; WmELUHOns Ane rENVUNaL HROPFerY Attic fan = Water I'ic Showers

i Wall to wall carpeting In living room, dining roon, hall, 3 bedrooms, crerT

; BHORINO Inte.

: recreation room € both baths, Aluminum S/S ¢ 2 aluminum S/doors. Coll ist

H Feneed yard. Newly painted outside,

Key # 10

Have key for side door.

00 NOT LET CAF Our.

Do not open front door or basement door.

MO FHA or VA

| Ownem: BREKA, Cdward t Helen

SAL 08 Penson WM c EF

Pancsumve aeewrCCNTUMY 21- MILLSIOE REALTY

BR “pueee: 544-9 180

544-9458

Fm,

) ves

O-«

Waite sn

Exhibits to Answers to Interrogatories

193-36 ul}

[nts [henvien! anonert 239 Zuelke Or Ive - 4% 105 F rp oa — a cone =

esate wo ane crt Bel lwood > i> — faags Ges ya

sore Nein) cowsrm = Brick 1

te. » v Sour o

ving ap be a Bi-Level vanes +I" c. aveey. |eamace, 2-COr 50.508

- :

~ eget Oe om sso Sunetse — |8650 | PEAS awe, races West

~— Jemn Recreation room = utility room = } bath noow a 19s. 7

7 Living rm, dining rm, kitchen, 1 bedroow, ceramic tile bath “— tack’ Baie

; mo =? bedroom o H.6n 0) |

oe 10.2 « 9.6

-— +e « ———rhlhCcOr or - . -“* . . ee 12.6 a 10.2

5 70%. 8HO0: 90 deoys afte. closing eeeten eae ome eo 13.6 a 10.2

i ecvoos, McKinley = $i. Simeon = Proviso West =

EE a. Northwestern eve, Westtowns oun

2 monroseq: avanweona, ————EEE

“: mE. Verne Amo PERSONAL PROPERTY.

¢ Central air; hardwood floor; wal! to wall carpeting In living room, dint

i: room & hall. Drapes in living room & dining room, Bul. t-in oven/range. | TITS* roe

i Aluminum storms & screens. crer

' Seoeme were.

be NO FHA ~-- Seller will consider VA Call first

» DELLUTRI, Robert J. & Darlene ses, rrons, Slb-302 | ca

5 [eecveeree sooen . erksTey saone SUG=BU0S—

Paces Penson

‘

201-$6

This intemetion! soomess, 338 S$. 32nd Ave. pike’ "ia - amu eooe 201-56

be temidered * .

wets bat wo x= | °F Bellwood ee0. [earns waav, Gas FA os

fer oven. The evece: Ranch — £o9%: ‘ 34,900

‘ tie » &. aot, vanes e aaet. | eeacee: 2}-cot

aatiee. evans, 9 yrs eros. Carlsen $630 Iites jac. races East

oor Full Room sires

uy ~~ Living room, kitchen, 3 bedrooms, beth = 18 x 12

! wo « Wall

° oe Wa tl

Bj. e 12 x 10

SF Peseassom, 90 days mearon vor sara Relocating on 10 x 10

~ | eemoon, Roosevelt a

an, evn oan

7% monvesee: AVANLABAE: Es

“EE| mecurons ann ransewas eaoeenry Carpeting In living room, drapes In living

t room, Awnings.

TTL G Fromm

4 NO_FHA or VA Torrens

Snowe wera.

bad Call

ones, GRAZZINI, Frank A., Genevieve 4 544-8218 ce

B [ene @neivewe aeant, GOLL REALTY Prone. —e es ae “"

$0,008 Pensvom . 4 7 ‘

Exhibits to Answers to nant hin ppceginnt

, ’ .) TE"? aTy-3/

Peis blew) gyrate ee 2632 $s. th “! y iy oa ee 6-4

- 5 oe pte are flrowdvicw ut? ne; ‘ lwater ron Gag OA

cept oe Hable) comsee Brick Bt | ' cre leosr _j* 45,000

we eng 1 orrae Tri-level tare " " Jevce. ae 7 eanaon, 2-car

sotee eer

beneed otthowe | 0+ W r $526 os t races

whee et a0 YES aoe Tyson — a eee —

~ [over Walt = Recreation rin, Sump pump ue «COND a 15

~ [eer Living room, dining coor, kitchen, Sen oe 10% 15 P

. 3 = 12.

! we 2 bedrooms ' — Ts

3rd =| bedroom ee 12% 9.6

rr peer — on 13.6% 9

5%] corse ones. 60 deys o/e or to be arrangedacsson rus tare: Smaller —

3) senom: tindop- St. fulaile « Proviso East 0.A.12.6 x 25.6

wrce, ave emee On 5

s ee pose

wontaset: foes

«33 wee utes 200 04 00084, PROP TEATS Wal! to wall carpeting renter a Any “e? tT

q*: water & electric. Oraperies, ehadeslensept Viving ream Crepe. ov mOwrse tneTm

32 oven & range. Oryer. Ooudle $/S sink, Modere kitchen & bath, 25 x 10 Ps a8 etent

es patio with canopy. Humidifier, Storage space golore, Vard with frult -

i; trees. Immaculate hore. A pleasure to shoe!

' ()

us, PHOns.

ones | PULCIANI, Tony & Lucille Aes. PRONe __F 13-6428 ce O-

. Mh

S lQacsunve seawtGLAOSTONE, REALTORS -westchest emons 562-6500

; eaee Fanrom cn

- 382-56

poe Saearien avecete 110 Eastern Avenue ‘3s rs” ui, ante <o 382-36

oo 2 cite _-——— _ iy —----—-|

os tel conn orien hd 0 Wh tered My

fe . ,

ew lores: «= BI =Level = wb ob. —peert_ _____}* 95,§00

( . » 4. nade 4 vaare orec, atewt, |eamaoes 2-car,

cass... Lowns: 1960__ono0, __ Russ 9630 | Sol bshe ps tr races Cast

om Partial noon wae

Living roum, kitchen, 3 bedrooms & ful! beth = we 2

f 1 bedroom, * Sel

VA crv BL con eo «64 12

i} lt eae cae saat yee A VA O97 nme hh 12 x 10

55 Fosernos: immediate at closing Mtasow On dae 1249

temoon: McKinley - St. Simeon =

Hs fue Westtown wTGe 4a eee o-

25 wonteson, pO Oe

hE: INCL UHOND AmU FEMONeL CHoreatY Carage has electronic door opening device. ThTLO FOne

i Aluminum S/S & 2 aluminum $/S doors. Outduor 1V antenna, Cyclone fence, eter

toe Alr conditioner In living room. Fibreglass & oluninum canopy over patio. ———

‘ 3 1 fibreglass & aluminum canopy over side entrance. 2 floregless & eluminum bo

a $| awnings on South side of building.

ni ° WOME IS IN SPOTLESS CONDITION BOI INSIDE & OUTSIDE Sr

Maywood Proviso State Bank, Trustee Trust 2359 0) ves

2 | eewam © COLZ2, F. T. Sole Beneficiary, ark, Powe 345- ~6030 ce FF) -0

: Gecuunve soemt, GOLZ REALTY enone 945-6030

eeces FEnvom [is

713.

Exhibits to Answers to Interrogatories

498-5

= ee a Ee

ewrete bet os oe- ~ a

on Comore Brick ar’ 5. ao rp] ‘“

Whaiap agp te [StS Georglan - Sigs

00 oy rat, aeeey, |eamaee | ;

fviet: ____ anon, = races

omer Full = painted wall & floor - tollet-recreation rr lally paneled | "oe waem

er Living rm, dining room, kitchen 4 ceiling. _— a ed

o 10. '.

} me «63 bedroom. a raga dl

oe 8.6% 10

i. rorsesmom | 1-20-75 passon ror eae Villa Park oe 10.8» th

temeon: Roosevel: =

H outs TOE. Avanamce, o*

moeresea, None

A mewunons ane rensenas emoreare, Tiled kitchen. Rug In living room & dining TITLE Fromm

‘, room. Flood control. Tiled bath with vanity sink, New roof, Cyclone cTerT

N fence. 2 sluminum doors. 8 fiberglass awnings. $/S storms. —

i NO FHA or VA ’ “

H a

ves

«, MARKOWSKI, Florien & Eva a pee F 13-4368 ce

? Gucausve aeawr, KOULES REALTY INC. Prone 343-4230 O~

PAL Gs PEmton in

Exhibits attached to Interrogatories

EXHIBIT 4: SALES AUDIT REPORT FORM

Auditor’s Race Black

Auditor’s Name: John R. Lindsey

Auditor’s Address: 7343 S. Prairie

Auditor’s Phone Number: 224-5512

Real Estate Firm’s Name: Gladstone

Phone Number: 544-6800

Real Estate Firm’s Address: 5331 St. Charles Rd.

Date And Time Of Inquiry: Sat. 10:30 A.M. 9/20

Real Estate Agent’s Name: Donald H. Wagner

Addresses And Listing Prices Of Properties Offered For

Sale:

Address Price

1. 1101 E. 30th Bellwood 39, 5

2. 1020 Cernan Bellwood 42,9

3. 214 Eastern Bellwood 41,5

4. 2632 S. 11th Broadview 45, 0

1800 Norfolk Westchester 44,9

Addresses And Listing Prices Of Properties Seen:

Address Price

I |< saicestitihenblabatesitineiindanisninanlaashimatiiaisabbssgaiinitidennadiies: - eahdanapuinddalupiiaiiiis

i sseleineeiiseniaseeiniditidmanednintinietensiianiintieadiciinpiiiane -« Sediaiidsatalibbddbiataus

ln ciad ieiaatatlicinertiinieaaciicaiieertiawslaiatitiin _adslamaiadeabdibideaiails

Gh . scdiitesietsdanestemeimenimememiaan —_ emhiidiemnelialies

Information Given To The Agent By The Auditor:

Name: John Lindsey Phone Number: 224-5512

Address: 7343 S. Prairie Ave.

Family Size: Three

Income: 20,000 Downpayment: 10,000

Present Home Sold Or Up For Sale? Yes

Credit Information (if any): None

Exhibits attached to Interrogatories

State Exactly What You Asked For When You Entered

The Real Estate Office:

See below

State In A Narrative Form Your Conversation With The

Real Estate Agent:

J RL to Mr. Donald H. Wagner ‘‘I’m shopping for a

relatively new home in the $35,-$45,000 range. Mr. W. very

friendly—I’m sure we can help you. Would you care to

look thru the book yourself? Mr. W. most the homes in

your price range will be in Bellwood. Weschester prices

are higher. I believe there are over priced but that’s their

prices.’’ I chose 3 from Bellwood 1 Broadview and 2 West-

chester. All between 35-45,000. Mr. W.: perhaps I should

call in the one in question. He did. He was told by phone

it wasn’t available, thus he threw it away. (the copy)

After receiving a map and some more conversation I

left. There was another black male there while I was there.

I waited for him nearly an hour then left.

Exhibits to Answers to Interrogatories

129-36 een Pn a NY

‘ —— = <ss0mem . Py dey to. Mat a aera cooe 429+$6

thle ttwmvionl sowmens = 719 S. Oth Avenue WO n V9S m ——T 6-4

terete tt wn m-| aere Hel lwoudl pes Tere ware wear Ges FA id

erg? #0 Vablite |) consem Urtlek 6 [39 , Wy pee 42,000

a ae ~ orraee Tr ietevel re orre. aseut. |wanaem, 2°Car

sete mone be

be ag saris ed our. Se $53 : _ Bane on Gc anoanes 2 OOF?

/ - ae abt ets -_—_— nvow ware

over Holl se 1S wo 0S

wr Living room, kitchen ve

, ' e Nal

i we = 2 be drvoms, bath ae

* Bre | hedrows, + hath - ma te

+ -_- — —

De ew ee 6 ee ee ee + ee oe es eeecse a 9x8

F5| rossesvon JO days a/c nenson rom save, Transfer oo 10m 12

S neceged deftoreen Bret, Avan amc: on

bs fun Vestiown co

25 worrosat: pees —

i eC RU HONE 480 PEN OwE. CfOF EATS re

3 Well to well carpeting thruout, excluding kitchen, Aluminum $/5/S0. snowine sete

St] Range; of! window coverings. Coll Ise

i fiw

. Oud. Pruett,

3 oowse, HAITZ, Robert 6 Cero! aro, Pmnme 547 7572 ce C) «e

S | ecauwer aocwr, CENTURY 2I-MILLSIDE REALTY Y; pneu Gbu-9100 |

. e448) FCO, . ;

wee

Exhibits to Answers to Interrogatories

| bedroom + floored attic - Storage - Thermostotic controlled fen

* Oemeo.:

Fitwg

. ‘f mortenec,

WOME WAS COUNTR

magnificently landsdaped,

SEEING A MUST

Loewen CIBIC, Robert & Darlene

Saciueve soant, DWAYNE REALIY

BAL Od PE RDO, cs

St. Simeon ~ McKinley

IMERUHOND OND OE RSONS. Pmoegary, OWNER AN 1ous

Central air conditioning = many extros,

Gecorated & in move-in condition, NEw roof on

thermostatically controlled fan which helps cut heart

Wood cabinets In klichen,

YeLIKE SETTING With KENWOOD FENCE.

Bar-B-Que Grill Hone HAS

5] rorssewom, Med October Of to be arranged sessom ron enue:

WTC, aval am

Home I. new!

Out. Proms,

ae 289: PRONE:

rnome 662-300 os

~ SUBMIT ALL OFFERS

dormer,

‘(hte winston] seenesn 1020 Cornen a ae S08 490-57

te comeidered on~ 0 1" ees 4. - —- és: tA $-5

terete tut we oe | STF? cl lwood ous. loco. | earns neat Gos TA

coe tf © > _] 18 been do a2, 900

stimy wep be — taars 1 aqeye, eannem J-cor

on wth a 0 $650 vhe r

went ovte, ea. ll veces .

mr Recrestion room “we oy 7

wr Living room, dining room, kitchen, | bedroom - tha ll

j me =62 bedrooms. "= 2210

* 613 wn 10

” * 613 2 10

. oe h6Ulica 10

H Pesseetien. immediately maaton Pon Baur) Relocating -

ocmoe., Lincoln pa

iy oun MTGE. AVAKAMm ET: fl

Z7 ae VTL rome

{EE mewvnens awe ransenas enoranre, Beautifully decorated. Well to wall carpeting ere?

f, In Iiving room & dining room & 3 bedrooms. Drepes In Hiving rocm & dining | aces mare,

be: room, Aluminum S/S. Awning over patio in back yerd. Sod ¢ evergreens; Coll firse

fenced yard; aluminum downspouts © gutters. Central air conditioning &

‘| water softener. ‘ en

ves

Ovt. Prone,

«, PICAROI, Chories C Phyllis nas, ewowe, §47-9456 cs Oe

Hy Gatuvevea seawty OWAYNE KEALTY prone § §62-4300

' | ee.ee Parson J

é~ : r

445-356

— Inle metlen a0008+s. 2714 - Sestern Caf fue Appron wy. ange TTT

eats tet 0 one cite, Bellwood a Tease rn 448-36

» a ates “Eat. -

} ~ sph a ned Brick 6 | 3 | Ler |Cent. iy FA 6-4

thetle or be evra. Bi-Level a re -—————— naa — s 41,500

ee. vants SPEC. AtaMT. | Oanace, 2-car

ee £ sorts lasérite,

semen Half + craw! SL —

ter Living rm, Kitchen/Dining 2 bedrooms, both Funtly room, © 194 12

-, thn 15

ae 10 «x 10.6

Relocating

y & beautifully

Attic hes

og t¢ air conditioning

Large lot & yard

EVERYTHING

547-7346 cs

oe lla 14

Fer 21 x 16

orn

TITLE Frome

crer

SHOrlnG mnira,

Coll tse

(

54 55

Exhibits to Answers to Interrogatories Exhibits to Answers to Interrogatories

Kit-S/ - Lost . Cy?

By ten] somes 2632 S$. thi “x 13h = ance coos = 5-3)

enareta « | ete Orosdvlew wes ‘oro. loo lee, i fA ”*

ese) emsere ete 2S | ver fee Bed agers :

tow eae orrare Tri-Level tant oree. atuer. losmane Docar

mel ete al PF &, ve $426 pat

a . | wages, 8 2 YTS wun, Tyson > . ped are meet, __ | eaces.

aver Holi = Reereatton rm, Suap jump —@ or - S

ver Living room, dining rug, Litchen, Den ~ $e is

Bj eo 2 bedroom « pa 12.6

i oe 1249.6 nen

As ‘2 © # 2s om = oo aw we ——— + —_——— ee ee ee on 13.6 . s

HF rosservon 60 deys a/e or to be arrangedarsscs roe sae Smaller

ocmoo. Lindupe St. Cululle - trees fase 0A.12.6 » 25.6 { a!

He rue « 10 x 1§ '* i, “ : ; BS Te ats an . x. =<

7 wonteser. F P ee) aed tee | ae eee | aa -- We SerP ne mnt}

“si eee Oet enn Pensown, feo gate Voll to wall carpeting throughout. Ger has | ‘IThe Poem *8; : “ ‘ : £ :

: $) water ¢ ulectric, Oraperics, shedes(except living room drapes. Bullt<in cter bP Hol Hy be ae; I, a iE SI fi

a: oven & range, Oryer, Double $/S sink, Modern kitchen & bath. 25 « 10 GaSerne gre, Sad” oe =

83) patio with canopy. Kumldi filer. Storage space gelore. Yard with fruit Call firse

Aj] trees. Inwnculate hone, A pleasure to show! ‘

3 — eee

0 ves

Sut, reow

cones PULCIANI, Tony 6 Luciiie aay. ranna, ___PI3=6428 ; co O-» : ;

H Sarcuner souwr GLADSTONE, KP —— rome §62-6500 _ “{ ' ~ bs! Pay - Bele 6 =":

re ee cn ‘\ . ‘ Sei, em: “3 x . x Ad :

Mrs Coun at ageett ye

o a. , ) > a 9 ae) a ee | eT i

: ws ie Fe “tt

466-56 - " ; y-2: 8 ae a

o (ae

Hp db ne yn vier | svosee 1800 Norfolk ‘$0 26 uy, ante ren 486-56 me

ewete bet wo cee | ¢!*?: Westchester laws. Teed. Joavee [wear Gas FR 6-4 f

sop oe lieblitn) consrm Brick G | 3 1 f

ter 7 rs oh eased tae

petian og be orrees Georgian Soeah smre. avewr, ear aaw Decor see

O08 wither)

a nL). i ae | aces

ort Full = Poneled reereation room = utility ruom. SSee sege

on 16.2 = 12.8

wr Living rogm, dining room, kitchen o 13.5 « 10.3 ;

} tv «3 bedrooms & bath = 10.5" 10.9 i

oo 12.8% 9.8 . .

i = en 16.4 * 10.? bo

52 rorivom 30 days after closing Aeavow ros ance «Smaller hone - Wn 2 -

i eCmoe. en “5 ;

- ous CTA = Westtowns - 4 biks MICE. AVAIL ROLE: “I 4y

“35 wonToseor, pe

74 in CLUNONS 440 PR wtOWAL PROPERTY: betes OCR

#5 Wall to wall carpeting In the Iiving room, dining room & stolreese, cr Am

oe Aluminum $/5/50. All window caerings. : CALL FIRST

. AFTER & PA

° & WEEKENDS

° ars

0) ves

Our, Prone:

| owwem ZAIAC, Paul ers pmowe 349-2455 ce Oe

S [eacausws sews) CENTURY QI-HILLSION REALTY rmone — Suhel 80

. oeLue FERsOm i) Ss4

56 57

Exhibits to Answers to I 7 Exhibits attached to Interrogatories

ar an — om ieeemaeaneion 4 ADVANCE AUDITING MATCHUPS

Baty Inteeossinn) aggme ne yor $. 30th =P On 491-36 nN Jean Lind waa

pm ate PO he | lwood [Ras Wea Tearee(awaes OFT FA Se ame Jo indsey ERSTE Rae aoe aE

ier months | seices Bi-Level ee ed er ' i. Ee one BBD crecnccecnessesecercsoness

Fe me eet. _eaeee Real Estate Firm To Be Visited .........cc0--.ccso--cccsssessseesseseee-

> a on Ginna Gade, ee te” a I pis secessetiscnidiies Date Of Visit ................ Time ........

g | 2 bedrivoms . fare Personal Information Auditor Will Give To Real Estate

—- = Wee Agent

i - gp Aen.) ahaa acme ~ BED eccccsenscnrecavessmsemnsesseneneses Present Address .................000--+--

nee ee EE a ES I

4 coca enoreet™ Woll to wall carpeting. All rooms except Te? Address <A R RR Ae ee eS, " . =

4 Seneen Ganun, hengune® Clears, Grapes 6 qurectae Ceengaet. Gime Lim usiness Phone ......................

K fireplace im recreation room; bullt-in sleeves. Swag lamps and 2 bul lt-in IID ciccstanttsccnttinncnesniengnidiniinn a

i ee | ‘ eee

! yy Number Of Children ...... Boys ... Girls ... Ages .... Grade ....

WAGNER, David & Linds on 547-0373 ce De | Information Auditor Will Give Regarding Real Estate

3 —o GLADSTONE, or. Pome —Sul-6800 Inquiry

. Price Range Of Inquiry 30,000-40,000

Number Of Bedrooms 3 Bedroom

Type Of Unit, i.e., brick, frame ete. brick—circled

Amount Of Down Payment 8,000-10,000

, Present Home Sold Or Up For Sale - —

Hintze Realty—10150 Roosevelt Road

Westchester, Ill.

Gladstone—5331 St. Charles Berkley

Exhibits attached to Interrogatories

LEARN

REAL ESTATE

A Comprehensive 30 Hour

License Preparatory Course

Offered By

Gladstone School

of Real Estate

EXHIBIT 4: SALES AUDIT REPORT FORM

Auditor’s Race Black

Auditor’s Name: Lonnie M. Randolph

Auditor’s Address: 12101 So. Emerald Chicago, Ml.

Auditor’s Phone Number: 928-6556

Real Estate Firm’s Name: Gladstone Realtors

Phone Number: 544-6800

Real Estate Firm’s Address: 5331 St. Charles Rd.

Berkeley, Ill. 60163

Date And Time Of Inquiry: 9/20/75 between 11:45 &

12:15

Real Estate Agent’s Name: Beverly Ricchiuto—Female

Addresses And Listing Prices Of Properties Offered For

Sale:

Address Price

Exhibits attached to Interrogatories

Information Given To The Agent By The Auditor:

Name: Lonnie M. Randolph Phone Number: 928-6556

Address: None

Family Size: Four

Income: 28-35,000 (combined) Downpayment: 10,000

Present Home Sold Or Up For Sale? Renting with buying

option

Credit Information (if any): None

State Exactly What You Asked For When You Entered

The Real Estate Office:

Hi, my name is Lonnie Randolph and I am interested in

purchasing a home in this area.

State In A Narrative Form Your Conversation With The

Real Estate Agent:

I inquired about available homes in area. She introduced

herself and preceded to take out a black binder approxi-

mately 4 x 8 with listings of all available homes. She

showed me pictures and prices, whereas she preceded to

pick out some available homes for showing, while I pre-

ceded to pick out some in the other binder. Appointment

was set for 9/21 at 11 A.M. Whereupon the agent would

showed the available homes picked out to my wife and my-

self.

P.S. I think they knew I was coming.

—Had Equal Opportunity sign up.

—very friendly

—Favortism toward Bellwood.

LEARN REAL ESTATE

A Comprehensive 30 Hour

License Preparatory Course

Offered By

GLADSTONE SCHOOL

OF REAL ESTATE

Exhibits to Answers to Interrogatories

b-,

490-87 = inlaid

“Tis Gibenaiie TO" we: Approm | trv. amen €008 pon

tte oAnastes aunnce. be Cernon ho x 115 a 490-$7

dutote but we oa-| StFT! a! wood oer. fis wear. Cas FA 5-5

Nob. T

c-_a©6=3—«s ou. L&E feo __ J+ +2300

tileg mer be oe > eve Taxes to'be'pd” eamaer: Qer-

+o,

~ ae. eunr Sion, $650 by ouner a races

eur, Recreation room noon ae

er Living roam, dining room, kitchen, | bedroom — ~ : 4

! wo = 2 bedrooms. "= 2a 10

* 613} 10

= 1} x 10

S| rossasnom immediately Mtaton rom taars Relocating ~ ha 10

i ocmoe.: Lincoln ‘_ ‘ =

aval

4s eum van age: fl

7 monteseq: oe

“EE wccveens ane cansowa emoraare Beautifully decorated. Well to wall carpeting ce? XY

i, In living room & dining room & 3 bedrooms. Drapes In living room & dining | oo ue worm

Sez room. Aluminum $/S. Awning over patio in back yard. Sod & evergreens; Call first

: j fenced yerd; aluminum downspouts & gutters. Central air conditioning &

water softener.

: =— pee

0 ves

OV, Prowa:

* Jemeuueve soamt) OWAYNE REALTY Fy) Prone 562-4300

Paces Panton Jie | ;

800-20

ie awawien| aconsen «= 101 St. Charles Road meee 125 _ — coos 4$8-S6

evrete but we aa- | SIT"* Be! lwood aus. |eno. wey | waavices FA | 6-4

sept ve Hebillty | comera, Brick 5 3. Of t-3/ 4

' . wh |e 43,900

for comme. M0 sone, Relsed Ranch pmo rao wat

wltnewt |? * 0. wi be

( alee. , 1968 8.08. Sunrise $680.01) paid +P hee races $

oor, Full = Faneled recreation room = 3/4 both = utility room Room HEED

wr = Living em, kitchen and dining area, 3 bedrooms & bath “4 1%» 18

} ano “ ) 10 x 24.6

on #12 « 11,3

| om 12 « 9.6

55] rossasnow 90 days or sooner eeceen 90a be: 4 10 x 9.6

Bcmoo.: McKinley - St. Simeon a

“ts oud West Towns - } block wTOE, AVAL ARLE, oon

2% wontesoe, Central Fed. $/L aD

235 Ine. UerONs anO PEMtonan Pmoeaery, CENTRAL AIR CONDITIONED TITKe FOmM:

Wall to wall carpet In living room & stelrs. Curtains, drapes & shades, creer _

"»| DRAPES IN LIVING ROOM DO NOT STAY. Built-In oven & range. BAR IN REC, ane

a rst

ROOM DOES NOT STAY,

Cyclone fenced yard.

A QUALITY BUILT HOME

Aluminum baked ename! soffits.

VERY WELL MAINTAINED

$/S & $/Ooors.

Many Extras

BEd. Front,

——= = -

Sub. Prone:

Sh4-8776 ce

fone

Enciueve scant, CENTURY 21, KAINE REALTY

ovnan, ARISPE, Ralph V. & Theresa

Oo»

Ta prowess § 9/54-0880

ee ee Ee Or See

2 eens nee

Exhibits to Answers to Interrogatories

hls temationl anumass, 235 $0, 32nd Avenue [igs p20 a (ee oy

wrote lel « «| COt¥ Be! wood ~ —_ ey ee ee ee 6-4

om baby cComste, Brick 4 g “— a vo Bay °

eee. The aS Ss

tine oor be wee mg > Level taxes | pes asset, |osmaon 25car

}. .. pur 1965 sve, | ($660.26) $250.83 Ko et. races

nour, Recreation rm & utility rm & crawl space - Storege & powder roon, nOom wines

ver Living room & dining room "L" shaped, kitchen, | bedroom, bath 0 22-91% '6-3

Z oe .

; aso 2 bed noms « 10 x 12

ae ,

Lo ’ vs oe 10.9% 9.3

LF Poresenon, a/c araton rom sare Relocating on 10.5 x 13

semoon: McKinley = Proviso West = St. Simeon ee 10.2 x 12.9

Hy Lr Northwestern eve Westtown ean th. x 13

75 | “enreses: avaiagce EEE

gif sevens sun eaarona, eaoweary Wall to wall carpeting In "L" shaped living

#5 room, dining room & stairway. Built-in oven & range. Stainless steel

ie. S/S = ownings. Living room mirror does rot stay. TT eT

i drowns mere.

f Call first

OU Prone

" | oewan, KOWALSK!, George & Audrey nas, —, 547-9532 c8

SECLuNve scant: GLADSTONE, REALTORS - B Prome 544-6800

eS O4Lc8 Panton 68

30-$-6

{his Lclewetien| aponnen — $935 Haple Avenue “ox l25 sa — £908 30-S-6

twrote but we we~ | STF! Berkeley aur. Jeeo. len ” cfreey, O88 FA r 6-4

Se can tej cemre = «Fase Orrick 8+ Be pte 2% Pe 6

or errors. . oe Lempenmallip d im Oe

sting mor be | OT TAM Bi-Level Taxes src. aseur. |eamace, 2-car o.558

withous | & + 0, P Frame

outiee. Fever, 1965 rom, _Swiech $820 None moet. races “

omr 23 « 12 (irreg) Carpeted Arc. rm, Kit, & BR & noom wires

rm, $6 3/% baths & office or trophy rm

ver Living room, dining rm, kitchen & enclosed porch

3 bedrooms & full ceramic bath (doudle vanity)

ity|e« 15

SCmoOoL:

; Possesnom

$s an

=| wontoses,

S| sheds In

In master bedroom,

10-15-75

Longfellow (lower grades) McArthur (Jr HI) Sr. Domitilla, Proviso Wl, >

Encl

eck yerd.

Chaln link fence.

doors. (3). All Inside shutters on premises,

PEAION FOR SALE

evs Westtown

avarwceece

: ae level: Paneled recreation rm W/gas fireplace & bar (18 x 14), uttl

on Taft

» 2 closets in rec. rm.lee % x

inCKLUHONe ANO HEMDONAL PRorcary, TROOMS Of elther basement or grade rerreation

rm level are very sulteble for in-law arrangement,

rm, dining rm, hell, stelrways, 2 bedrooms & below grade rec. rm.

draperies & supporting fixtures on premises W/the exception of draperies

Dishwasher; dispose! in kitchen,

Carpeting in living

All

2 aluminum storage

Aluminum storms € screens & $/S

OVS. Prone:

Red. Prone

SRCLUHVE AGENT:

SALES PERSON

| ownae, OOOLITTLE, John & Karen

GOLZ REALTY

Cas Car-8-Que in yard,

544-0693

Patio.

pmowe 345-6030

TITLE roew

cTter

eM Oto mera.

Phone first

Key

——

Exhibits to Answers to Interrogatories

$ kitchen, | bedroom & recreation rm.

Svs. Prore

oowan, OF SANTIS, Albert J. 6 lone F-_ ave enone, _S¥¥~ 1057 e

5 eucauwws soamr, GULZ REALTY m puowe. 6945-6050

415-7

+ gate meg scoeas 2632 S$. Hith af or 134 aa ae a =

trate tet wo ee | OT Broadview wes. “ere. | earwe naay cas FA

fort me Weblr | comsre, = Brick BY 1 er pecs. Ste * 45,000

ieting may be | OPPSE Tri-Llevel vanes sree. asewr. |oawaee 2-car

wetusies came 00 on t $526 oo

ye wu yrs o.oo 'ysonr se lncet. paces

oor Half = Recreation rm. Sump pump om 5

rer Living room, dining room, kitchen, Den _ 10 « 15

J me 2 bLadroons =» 3a 12.6

- | bedroom o- re x $s

o- x 5.

i. ressernen, 60 7 b Smell 00 13.609

i Posrernon. - mo . < ante e yn ey rom eae er -

eC woe. ty ~ St. Eulalla = +. wito tas 0.A.

HT evs ered, Avaname “ i0°.6 25.6

moateset. pecs —

-j imCuubons 400 #entonns -soranry Wall to wall corgation throughout. Cer hee | “ree comm

t water & electric. Oraperies, shades(except |iving room drapes. Built-in cTrerT

51! oven & rerge. Oryer. Double S/S sink. Modern kitchen & bath. 25 x 10 dudes mere,

i : patio wlth canopy. Humidifier. Storage space galore. Yard with frule [Cell first

‘ Bz] trees. Lemeculote hove, A pleesyre tc show!

3 a

vas

Our, PHone,

| wewen, PULCIANI, Tony & Lucti te oman: F 13-6428 ce Oe

§ [encicnvs soumre ONE, REALTORS-Westchest emone, 562-6500

* leaves famsom cn tw

\ .

~" 965-36

Ste tastes econese 346 Orchard fvenve 0 165 a ange $56 5296

carate tt 0 ote crv hiliside is e400. ae waar’ Gas Mw 6-4

sop! 0 "1! Comers, Face Brick 5 1-}/

ter = ‘I ,.

C ian op = ovvae, Bi-Leve! vanes sree. asem’, | came, ifear 55,000

ond wits | O. b felll Brick

netics. ut 12 yrs. eos Monfe $820 nal __ None a races ‘

emt Finished recreation room, office, laundry roon, 3/4 bath soo oy ,

"* ~Living room, dining room, kitchen ~ 10.62

‘ eo = bedrooms & full beth REDISTRIBUTED COPY * 12.6 « 11.6

*" 15.6 « 11.6

iL ae - 613 10

"Ul wosvesnon, immediote a/c Maaron FOR baKe | Apartment ~ x 10

emoor: Hillside = Proviso West HS Rec te we

tT me Westtown = CTA a Se Pm

=| womtesoe:

“j (EL UH OND ONO PERtONa. #ROteRre «= Outside lights on timer. Redlent heat on TITLe fom,

firse level. 2 alr conditioners. Bullt=In oven/range, exheustghood crerT

}in kitehen, Corpeting In Iiving room, dining room, hall & stelrs, pegptpateeeetes

‘| Aluminue doors & screens, Thermopane windows tiruut, Large tool shed. Coll firse

*3|Ceder fence, Olshwesher, Orapes & curtains In living room, dining roon,

Timer controlled exheust fan, 47

D~ gy:

Exhibits to Answers to Interrogatories

155-65 ( 6” 4

et Sheets avuness 1628 Highedge sor a. - uy, ante Cove 155-46

. ¢ - o- 7

a Cote Westchester nus. Tero. |watwe [nears Gos FA 6-4

for rms. The — Srick 4 2 ' cov * 48.990

— = oe a — vane oe a on @aesod, 2-car «7

: a 7

— ovr W198) mre Melvin [$708 ups. e8 races Fost

ont Full = Recreation room with bar acer o6em

vor Living room, dining room, kitchen, 2 bedrooms, bath — os : .

{ me x 10.6» 13.9

onl3.6 me 11,3

7 — Es aici ‘ or 10% 11.3

83 roremwom To be erranged acavon von sare, Moving to Florida _

i Pemoou Wighridge, Divine Providence, Proviso West = Triton ll

—- our

: wontosoa: avacaee ———EEe

i IELUHONS ANS OERENe. PROSEETY Central alr conditioning. Patio in yard.

$ Awnings. Wall to wall carpeting In living room, dining room & one mine @

Ie. bedroom, All drapes, curtsins & shutters. Aluminum soffits, gutters cre?

‘3 & facia. Aluminum storms 6 screens. Pange in khicchen & basement. eupmes were.

~f Color TV antenna. Home is in excellent condition inside & out. Marging| Always cell

£| shelf in living room does not stay.

ev), Prone. =

ovens, NICKEL, Willlom F.. Frances nes. Pnowe $62-5640 C8 )

; TaCuunve AOENTs OWAYNE REALTY promt 562-4300

PAL ee Pansom PK

i, . — eee oe

4S5-57

pate Basie | avons §— 2413S. Band pverve On 125 ae ae £998 458-57

tie Gorm — pus. loo. Baten EV [ater Gas FA . 5-5

ior cron. The] orecer Tel stevel AP Sb. ee

“= wey be <n } Taras sence, acemr, |oamaon| Lecar

cnet WH Le Oe. soe ie en oct. races

oom Finished with recreation room 3/4 bath noo ken

ose ae 14.8 » 16

Living room, kitchen, family room ~

! ao «62 bedrooms & beth . 12 « 13

3rd 1 bedroom with built-ins om 14.6 « 10

? — on 13 - 9

57 rosso To be arranged REAvon ros sace, Relocating = 25.6 x 10

SCHOOL:

"3 ou: send MICE. AVA AME a Th

=“ montonon, =

- ICR UH ONE 24O FE RFON AL PROK EATS, All corpet Ing and window treatments. Gas TiTce Foam,

‘. grill; stereo speakers In baterent. § year old addition. Fenced yard, créer

te Cedar lined closet In master bedroom. Carpeted potio. Nutural woodwork. Cell bus ness

F Awnings. Wocfore 5 PA

NO FHA OR VA to show

£ ri’ aa

344-0070 in

, Our, Frome a

5 ERCKUNTE s0emT: GLADSTONE, REAL TOKS-Westches Pmowr §62-6500

PAL ae Peatom. ted tg 96

Exhibits attached to Interrogatories

EXHIBIT 4

SALES AUDIT REPORT FORM

Auditor’s Race: Black

Auditor’s Name: Lonnie M. Randolph

Auditor’s Address: 12101 So. Emerald, Chicago, Ll.

Auditor’s Phone Number: 928-6556

Real Estate Firm’s Name: Gladstone, Realtors

Phone Number: 562-6500

Real Estate Firm’s Address: 10401 W. Cermak Rd.,

Westchester, Ill.

Date and Time of Inquiry: 1:30 P.M. (1 hr.) 9/20/75

Real Estate Agent’s Name: Ted Wolnik

Addresses and Listing Prices of Properties for Sale:

Address Price

1. Enclosed

Addresses and Listings of Properties Seen:

Address Price

Information Given to the Agent by the Auditor:

Name: Lonnie M. Randolph Phone Number: 928-6556

Address: 12101 So. Emerald

Family Size: 4

Income: —- Downpayment: 8-10,000

Present Home Sold Or Up For Sale? Rent-Buying Option

Credit Information (if any): ——

Exhibits attached to Interrogatories

State Exactly What You Asked For When You Entered

The Real Estate Office:

Hi! My name is Lonnie M. Randolph and I am in-

terested in buying a home.

State In A Narrative Form Your Conversation With The

Real Estate Agent:

Agent ask my name, address and where I would be in-

terested in buying. I reply that I am unfamiliar with area,

so show me what you have. He proceeded to show me

several locations in Bellwood. When I inquired about Hill-

side, he negated question by saying that price was higher

in Hillside and not as ideal location as Bellwood. When I

mention that price was no problem, he still proceeded to

show me only Bellwood homes listed in black binder, from

which I picked out 3 or 4 homes and he picked out the

remainder of 7 in all as possibilities. These of which I

narrowed down to 4. Appointment was schedule for

Tuesday at 7 P.M. to bring wife to look at homes.

No sign up for Equal Housing.

— Took Direct Control of Discussion

—Lead Discussion All the Way

—Favortism Toward Bellwood

—Had Files on Villa Park and

—Also Had Document Files (14 Cabinets in All)

P.S. Also tried to sell me 6 flat apt. in Bellwood.

Exhibits to Answers to Interrogatories

—- - ——

rosasmow December 2 Or sooner nuavonw rom sace, Bought

**10.6 "9.8

Wj! - eas

euB+od (bs? = Phee t's | ae tren tetlewod Avenue - ry >» 145 pilates [‘ Zo “$$ 6

Ee ese= ay w, cone 1,48- Soeiveotmel . — os mpes ory me See me ion

ye semen 3008 Se. Ghortes Reed vor ie 135 tv. anea ‘ 158-$6 of ee owe Setineed F if: jor Ch [*: > ba | Geol

coam bs coare| ete Bel wood oy en wares FA 6-4 te ans, Thelen em a Ae i te

a9 0 badly | eomere: Brick $ | 3 [1-3/6 u __j* 43,990 ot chow a r ” ye pia parti {" Par .i v9 . “

pny Ey sere Ralsed Ranch pease «ify oe" wy 2}-car opive a soot 42,299 | ove Len be’ vm He

emed eiteel © P Will be ide Orive s « MA PRP y=30- a 7 nn 0 ae 6 gin eee es

thee 1958 . Sunrise $680.01 pold races SU |’ we 9 1/5.09 9-30-74 5.00 5-51-76 j

——— o2..- An MS oo - ——e . :

Tesmr, Full = boneled recreation room = 3/4 bath = utility room a i ver $186.09 ey te fo $195.09 Weer Gf th is

h ae 16 a 18 en I~ 1-74 $195 c 7-31: i¢ |

er Living rm, kitchen and dining ares, 3 bedrooms & bat *) 10 x 26.6 t we $liy.du 317% $5.Cy 76 e

. ; * I boos ; 6"

+" oe 12a 19 Ee rt oe ee ae

H oe Wn or Sli reise ber lecte nerrw fe) oie sang

on . od e ‘

5% rossesvon 90 days oF sooner Measen Fon sae: on — f ang ree SNS «4 ;

Pemoon: McKinley - St. Simeon nme, aint on Si) onteses, Bellwood $/t i —

moe West Towns ~ | block ore «3! 6 & reftrles TTA roe |

§ woetesea, Central Fed. $/L _-———<$_$—_———— Filo Che ons num Pumsoman Pareanre Stoves & refrigerators ee

-j me UORD ne OO RtOn 4, PROP EaTY, CENTRAL AIR CONDITIONED ere? ty EXPeENSrs: a sovsccecesSR BES -08 Annwe' corz.. .0i2 889 $0 106 ST.

BRecccerevecees 1,500.0 , pence £3"

f, Well to wel! corper In living room é stairs. Curtelns, drapes & shades, Snowing imeTa. bee Inturance......+. 270,00 " tise + 7.559 leat rb. Cue

tee IN LIVING & T STAY. Bullt-in oven & range. BAR IN REC. Call fheee P Eleeterlaity....6. 550.00 c6e7618

Hs ROOM DOES NOT STAY, Aluminum baked ename! soffits. $/$ & $/Doors. i ; Wateresseccsesees 09,00

SPoesecees IAs. iced

° Cyclone fenced yerd. — woe a r oo CD ves

8] A QUALITY BUILT HOME VERY WELL MAINTAINED = Hany _ Extras (i) ves P Our. eros: cc! Dw

Ovs. Prone, o waa '

Le aT Te = a) On

. | - nds

encuunve « y (Ei enone) =jpCECEAD n ,

£ 23-56

—_—— — This Inbormation oa 22) Zuelke Ori toy wie i aaea £008 425-56

M "yor | s0oneee velke Orive 40 x 100 . bob

erate but we oc lad Be! lwood pus. louo. | earns wear Gas FA -

a ae consrm = Brick 6 3 |) CT+3/4 cosy, ¢ 42,500

Hering oie ae on Ranch vanee: ote, ave ecnsee: 2o¢er

— oo e

ate. ovr — 2222: $652 pay x Ao. _ pacts

emt Full = finished = Family rm - bedroom (12 x 12.5) 100 Amp service aces cee

er Living room, kitchen/dining comb. 3 bedroots, bath & porch na 18 x 16

! wo . ) 24x 10

ont2.3 we 11,4

: on 12.3 * 9.9

190

SCHOO.

row

wonreacr:

imERUNOND 460 Pe mtOnay PRowanty CENTRAL AIR CONDITIONED

Aluminum storms & screens &€ ¢ ors. Bullt-In oven & range. Formica &!

cabinets, All curtains & drapes & shades except In kitchen. All rods

(no sheers). Corpeting In living room & hall. Water softener.

McKinley = St. Simeon =~ Proviso West

WestTown MICE. Avaeme,

Very good in-law arrangement

NO FHA or VA

eV), Frowe

tche

0941 9 ITC Ewes. prone, —cbrarinOr ce

SRCLUN YE £08NT) ——GOET—RERTPY Prone io

Oats Prerem,

712.5 x 11.6

Foo.22.2

—a

THTLO Foam

creer

SO" ws inste,

Cell first

Exhibits to Answers to Interrogatories

104! S. Piet = ree

Bellwood ont. [eee

Brick 4 53

Relsed Ranch pened

Sonn 1968 _exge. _Retden $756 |

— Ya! ; J fe

‘cu Ld A a - ;

‘ — aa cee © capes oie Fra 7 eee hoa

thie Fhe d gem es 79D 8. Sud Fo owe “hoy “hig we \ 6-4

: pa $a erne & | leyod me Vie. [nove ~ Tanase FA "

et oe bee). om tee Orick 5 5 ' yh ity yud

7 , te . -- . —-—_— - - ve

$ “+ es adit holted Kaneh oe “F.C. acer. Tr Tne

a a . ! Orive

Pi "ve - wnat 10 yrs. ot Pe $652.00 —— _-_ La ers =

"Igoe, bull = Poneled ee reuilon ew, Bar = 2% bath og A 1.8

ver Elvlng rom, Kiichen/dintng combnation, 3 bedroms, tiled baal “) tee 0

2 | =e .

* | oe 12.30 the

. we 12.3 « 9.

sh corusuam "60 days or sooner o/c wteven OO tact ~ 10.6» 9.

; * Wurilactiern awe St. Charlies Rood _ .

" Sue *4. 90 0.08 avarnaeer: ———

| eRe, Ome OF Toman Faureet 3 Ten Centr Ale «= Cewly pointed or + -

f] etl towetl carpet! ing my Iiving room, boll, hew oneers In 1 bedroas,

if! Built-in owen ced renge. Drapes be be cunt, ADD sh. des. Wew 4D gullen wee :

fot vcter heater. Cyc lone feneed yore. tourwtea ecdinets In Kitehen, A

“7 is roping pleture winccs, Mew kitchen ftuwv. Stulmlers steel S75, Sott fhest

, "eet t trem Cote to he It stags. 3 ttuinkste sicel ttorm dvors.

iF a WITT consider WA. lilee Condition .

mn ous. Pwowe: }

oe em ' ;

+. teu : . .

seer wm a 10:

oe") Recreation room ~ 3/4 bath = utility room.

7 Living room, kitchen/dinete, 3 bedrooms, hath

ee.es Cente

i cesses 2-15-76 @escom Pee sare Relocating —

Cee. oo

me B16. ava ome

j woereses: SS

ee ee ee <?T oe

Vall to well carpeting In Hiving room; rapes thruowt except kitchen, il

Shutters In kitchen, Patio doors. Fenced yerd. queens

. Coll tet

: Wo FHA or VA

— °° -———

: a

vs. ewone

posses Por sae oe ce OW

eetuuees segue. scram ee a |

Exhibits attached to Interrogatories

Auditor’s Race: Cau.

Auditor’s Name:

Auditor’s Address:

Auditor’s Phone Number:

Real Estate Firm’s Name:

Phone Number:

Real Estate Firm’s Address:

Date and Time of Inquiry:

Real Estate Agent’s Name:

Ed Powell

111 S. 30th

544-7691

Gladstone, Realtors

562-6500

10401 W. Cermak Road,

Westchester, Ill.

9/27/75 1:30 P.M.

William Jakes

Addresses and Listings of Properties Offered for Sale:

Address Price

25 S. 49th, Bellwood —

521 S. 53rd, Bellwood

805 Norfolk, Westchester low 40’s

2413 22nd, Broadview

2632 11th, Broadview

Addresses and Listing Prices of Properties Seen:

2. 936 Marek, Bellwood

Address Price

2444 13th, Broadview

Oe ee

Information Given to The Agent by the Auditor:

Name: Ed Powell

Address:

Phone Number:

159 Bode Road, Hoffman Estates

885-2113

Family Size: 2 small children, I boy, 1 girl

Income :

Downpayment :

$16 to 18,000 work on commission

$10-12,000

Present Home Sold Or Up For Sale? rent

Credit Information (if any): none

Exhibits attached to Interrogatories

State Exactly What You Asked For When You Entered

The Real Estate Office:

3 bedroom, brick, between $35-45,000.

State In A Narrative Form Your Converstion With The

Real Estate Agent:

Salesman said there are some areas of Bellwood he

did not want to show us because they were bad areas.

When asked why they were bad, he said they were inte-

grated.

When the home at 238 Zulke Drive was picked out he

said that this was a integrated area. He went on to show

us pictures of homes at 343-32nd and 235-32nd and said

that these were good homes but also in an integrated area.

He then showed us a picture of a home at 346-3lst. He

said that he liked the home but he could not guarantee

what the area would be like in a year or two.

After we were shown two homes we returned to the

office. We again looked at the book.

We picked out a house at 1010 Cernan, the salesman

looked at his map of Bellwood and then said this area is

kind of nice.

I asked what kind of nice meant. He said that I must

not have been following what he has been saying. He

showed us the Bellwood map and pointed out the Zulke

Drive area and where he had been showing me homes, he

pointed to the western side of Bellwood on the map and

said these are the better areas I would be shown. During

this conversation the salesman said again the Zulke Drive

area was integrated and the area around Cernan Drive

was still alright but he would show us homes west of there.

Exhibits to Answers to Interrogatories

Ne _—- el

ER Es Le eS

ee — yo ennanse 2958 fu chingham “tk ao apewt lw atere

emteene- C900 Westehester rats 7 fore loatas [weer 7 + Cas FA

gdh Conere Brick & Cedar ee. | ** | 2: cone

“mg mor be | PUES Colonial eenee: “Teeere aeer, oe aecce. ro cer

- 3 ott | © O. .

op oun 1967 _oxes, Rett _ ye

— - — be on o-oo =

omer Full Tt

ver = Living rm, dining em, kitchen/dimette, |} becroon, $ beth, utility r ~ 11.6 » 10.6

Ye Hsu7

6-4

® 74,909

coe —

soo~ wv ter

17 «2 1S

: we bedrooms, ful! bath & 3/4 beth 222 x 10” 14

oe «64 me 15

? - ohne e 8613 « 12

BSI oe FOE Hon “To! —— etsto~w FOR tee Relocating ad . a 2

27 eCwoo.. afte 745 oe x!

HE **«. “. ous 10 * 10

i wosresee, $35,000 Harris Bank avaveee =:

-3i (CL ve Ons a6 Peeten en. FaePaaty. Wel! to wall carve ing In ALL ROONS . Drapes

$s In living room & dining room & curtelns + shutiors Im kitchen. Kitchen enee came

Bow] stove; dishwasher & gerbege disposel. CENTRAL AIR CONDITIONING, Alun. cter

° S/S. —e eye gerege Opener. Beautiful wood cabinets In kitchen. Snow O META.

- "Wt " pheog . : “se ; Call fiese

i C we “" ; ‘ £

conan, OUROKAS, en R. & Penelure Men, nm l 562-9212 ce

i Seciunes cece. WM. E. GOREY REALTY Pnane 345-5015

7 ea,u8 PCa

tact §1213-321) DIGNTR |é32) 038, 980.

Drernnn “STDAL CALDETS. [EL [treme ond Oromo en oe

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Q — = 9. x.9 Snlaenatinien ss: wai Chall SPACI:

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ij} Ons --f—fees INSD. Lt “ITCH beers _——_ terway PLAC TOR any Z

Bonen Mei! BO AK : FLOO.!-1'099 Swe 3 CAL TAT TP enesies > AUTETUL_ ont

: 8 CAUIUITS<STALSLESS SIZSL DOUSLZ s1M: Tenens erie bees

} lien atin am are . fone "“Queuneeh ‘ teen ; —

it: Cone |, | -|- t Semone - Ororen ter Sole ALTZONA Posenion TP

lL ecient ablated sensi iin

Ses HARDUOON Wem fy!

r tevents Grade LIS TOT ame *SPPOVISO

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ae EXTRA LACT LOT NIT S FRUIT Tr - a.

2 Cr oY, 2 Punt, V APM, GRAPS VIMCS Z

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Booher, EN BLATT, 229 & Belterfiete Be Bimkert, t) S01 26

Prene O/¥ theo Selermos.

Exhibits attached to Interrogatories

EXHIBIT 4

SALES AUDIT REPORT FORM

Auditor’s Race: Caucasian

Auditor’s Names: Charles Elliott & Kathleen Nichols

Auditor’s Address: 3211 Jackson, 928 Bellwood

Auditor’s Phone Number: 544-2803 547-0081

Real Estate Firm’s Name: Gladstone

Phone Number: 544-6800

Real Estate Firm’s Address: 5331 St. Charles Rd. in

Berkeley 60163

Date and Time of Inquiry: 9-30-75, 7:30 P.M.

Real Estate Agent’s Name: James D. Doehring

Addresses and Listing Prices of Properties Offered for

Sale:

Address Price

1. (Georgian) Westchester $44,900

(‘*sold’’ when he called)

2. (Ranch) Berkeley $42,900

3. (Ranch) Hillside $49,900

4. (Georgian) Hillside $44,000

(seller did not want to show

house—had company)

Addresses and Listing Prices of Properties Seen:

Address Price

eee eee eee eeeeee

Name: Mr. & Mrs. Chuck Elliott Phone Number 982-6000

Address: Apartment in Skokie

Family Size: 2 children: 1 boy—4 years old, 1 girl—4%

at We

Exhibits attached to Interrogatories

Income: $16,000 Downpayment: $10,000

Present Home Sold Or Up For Sale? renting in Skokie

Credit Information (if any): not asked

State Exactly What You Asked For When You Entered

The Real Estate Office:

3 bedroom brick home in the area, Price range $38-$42,000

* We did not mention any particular suburb.*

State In A Narrative Form Your Couversation With The

Real Estate Agent:

Mr. Doehring stated that ‘‘he couldn’t put us in West-

chester*’’ but that his ‘‘prime trade’? was Berkeley and

Hillside homes and he gave us the book but pointed out

several listings in Berkeley and Hillside. He was really

pushing on one for $49,900 in Hillside. Chuck asked why

houses were more expensive in Westchester and he said

that there was a large Bohemian population there that

had ‘‘migrated’’ from Cicero and Berwyn and that West-

chester was a step up from there and that the next step up

economically from Westchester was Oakbrook. The broker

asked us to come back on Saturday so we could see houses

in daylight. During our period of the listings, the broker

lett the room a few times and said there was a meeting in

progress that he had to check on. The explanation offered

was that the home market was ‘‘tight’’ and the sales staff

were soliciting listings by telephone. He didn’t say where.

He also had trouble getting an open telephone line to call

the selling parties.

Exhibits attached to Interrogatories

EXHIBIT 4

SALES AUDIT REPORT CHECK

Auditor’s Race: White

Auditor’s Name: Charles Elliott & Vicki Simmons

Auditor’s Address: 3211 Jackson St—4004 Warren Ave—

Bellwood 60104

Auditor’s Phone Number: 544-2803 & 544-4375

Real Estate Firm’s Name: Gladstone Realtors

Phone Number: 562-6500

Real Estate Firm’s Address: 10401 W. Cermak Rd.,

Westchester, Ll.

Date and Time of Inquiry: 9/14/75—approx 12:45 P.M.

Real Estate Agent’s Name: Robert J. Casey

Addresses and Listing Prices of Properties Offered for

Sale:

Address Price

1. 515 S. 46th, Bellwood $39,500

anne a_i

8. 2632 S. 11th, Broadview $45,000

Ge, ccceecneueuscncsusssensessCeeessStOCONSDODSRORGGSODOSSGSSROSEOSCGNES® —«SSURSSSUDERAEESUSESS

Addresses and Listing Prices of Properties Seen:

1. 515 S. 46th, Bellwood $39,500

9, 2632 S. 11th, Broadview $45,000

. ini vane

. . _ . ieniaeemimnmiaiaein’ _samenecliniom

Information Given to the Agent by the Auditor:

Name: Mr, and Mrs. Charles Elliott

Phone Number: 982-6000—ext. 6678 (Work)

Address: 4901 Old Orchard Rd., Skokie, Il.

Family Size: 2 pre school children

Income: Not Discussed Downpayment: $10,000

Present Home Sold Or Up For Sale? Rent

Credit Information (if any): None—Work at Brunswick

Corp.—Skokie

Exhibits attached to Interrogatories

State Exactly What You Asked For When You Entered

The Real Estate Office:

We stated that 1 was being transferred to Oakbrook

and was looking for a home in high 30’s to low 40’s. Only

preference was brick home with 3 bedrooms.

State In A Narrative Form Your Conversation With The

Real Estate Agent:

Mr. Casey began by saying he was flipping thru pages

of sales book, passing over homes in integrated neighbor-

hoods. He said he didn’t know how we felt, he really

didn’t care. We made no comment. He then said he

would show us houses only west, asking us what we thought

of ey Grange Park. We said we didn’t know area that

well.

He then showed us two listings of homes in West Bell-

wood on south 46th & 47th Avenue. We indicated interest

in the home at 515 S. 46th in Bellwood. He then gave us

two listing books, one set up by town & one by price range.

We picked out a home in Broadview at 2632 S. 11th. He

called Mr. Lingrem, the owner of the home at 515 S. 46th

in Bellwood. He taped this phone conversation and played

it back for us. He said the tape recording would be used

for training salesmen. He then called the owner of the

home at 2632 11th, but nobody was home. He said we’d

take a ride to both houses.

We were shown the home at 515 S. 46th but we told him

we didn’t like it that much. On the way to the home in

Broadview, I asked Mr. Casey if there were homes in the

lower 30’s. Mr. Casey stated that there were, but these

homes were not appreciating in value, and if you buy such

a home, when you're ready to sell you'll get 15 or $20,000.

I asked him if we could get Broadview home down in

price and he said we have good bargaining power with

our $10,000 downpayment.

Charles Elliott

Exhibits to Answers to interrogatories

- eal qb Pa

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* &15-$7

tals ntwowton] sogeure, 2632 S. I Ith aa OE re +

terete but we oe | SIFT Broadvl ew aus. ‘oro. | earns sor, Gas iz)

pay courte = Brick 7 | 3 te Eee * 45,000

Hating mop be | O7"** Tri-level vanes | S706. aseut. | eanaeu: 2-car

weed withee | 7 O. P $526 --

sates. sur 2! yrS ssoe, Tyson jn.vat. races

sor Holf = Recreation rm. Sump pump ~me 4 15

rer Living room, dining room, kitchen, Den a fe 1§

me 2 bedrooms = 3x 12.6

rd | bedroom ee 2h x 15

oe 1229.6

reseaswow 60 deys a/c or to be arrangedsssses ron sae Smoller on 13-609

temoon: Lindop- St. Eulalia - Proviso East

ove De ee

mosrteaesd:

Sta. ORs USTHSe Foam

0.A.12.6 » 25.6

«10m 15

> FI ineuunens smo Panton, enosaary, Wal! to wall carpeting throughout. Cerage has | TITst rom

H weter & electric. Oreperies, shedes(except |iving roon drapes. Bulit-in créer

: oven & range. Oryer. Oouble S/S sink. Modern kitchen & beth. 25 x 10 Gress mere,

43 patio wlth conopy. Humidifiér. Storage spece galore. Yard with fruit Coll first

iE trees. immaculate hore. A pleasure to show!

3 Fa ae

DD ves

svt, Prowse,

5 oonce, PULCIANI, Tony & LucI Ile oan. Guat F13-6428 ce Oe

axciunve scant GLADSTONE,

SALES Panton, CH

REALTORS-Wes eee 12 prone 562-6500

ww?

- .

ane . ari e :

- oo | A Sesptpesatd “Ah ee aetese eae , Se 4

af at Ou Sees eam Ca ce Oe a: fem os ome Oe - ~ ~~ “os = yy

é, te 5 ea teal, 2 Sey as r * Pes. a Fa OS ee ee ees ONE > want, ’

76 = a « @ * - - ert ad ed . - 4

Nee - r r - the bs

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Etat gee Piet oak eae : S23) Fate ie :

Fors we -~t “ wat & J tw rook | &e bev a -*.4 - 7 vee

re i, Ss. Sees le ad MS et Se, me ee

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a - a 3 - pe a ee = . e:

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5 —” alan “ : oe S i= aS ah ne —

Hao <5 Shee he e wvests s

— 2 .@ 1 y “oudsow 424°? 3s . =: . ¥ m

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Exhibits to Answers to Interrogatories

— ? — me mee le .

F vcaeen

i ” F

Robert J. Casey

Sales Maneger

Resedence Phone: $62-$183

_ ree ©

. Gladstone, Realtors

{C491 W. Cesmek Moed / Westchester, Minois / $62-4500

Defendants’ Motion for Summary Judgment

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

(Filed July 6, 1976)

Defendants move pursuant to Rule 56(b) of the Federal

Rules of Civil Procedure for a summary judgment on the

following alternative grounds:

(1) Plaintiffs have no actionable claim or stand-

ing to sue under the provisions of 42 U.S.C. § 3612

and 42 U.S.C. § 1982.

(2) There is no case or controversy between the

parties within the meaning of Article LI1 of the Con-

stitution.

(3) The ‘‘prudential limitations’’ on the exercise

of federal jurisdiction require that plaintiffs not be

afforded standing to prosecute this case.

In support of this motion defendants rely on certain of

plaintiffs’ answers to interrogatories and responses to re-

quests for admission. (Copies of the pertinent Interroga-

tory Answers and Responses to Request for Admission are

attached as Exhibit A to this motion.)

Russell J. Hoover

One of the Attorneys

for Defendants

JENNER & BLOCK—

One IBM Plaza

Chicago, Illinois 60611

222-9350

Exhibit A to Motion for Summary Judgment

EXHIBIT A

The following are those portions of plaintiffs’ Answers

to Interrogatories and Response to Request for Admis-

sions on which defendants rely to support their motion

for summary judgment:

Requests For Admissions

Al. None of the individual plaintiffs who had conver-

sations with the defendants had the intention at the time

of said conversations of purchasing a home.

Answer: Admit.

A2. None of the individual plaintiffs who had conver-

sations with the defendants informed the defendants that

they were conducting an audit on behalf of the Leadership

Council For Metropolitan Open Communities.

Answer: Admit.

A3. None of the individual plaintiffs has had any con-

versation or business contact with defendant Ted Wolnik.

Answer: Admit.

A4. None of the indivdual plaintiffs has had any con-

versation or business contact with defendant Beverly Ric-

chiuto.

Answer: Admit.

Answers to Interrogatories

I2. With respect to the allegations contained in para-

graph 8 of the Complaint:

(a) Identify each act and/or communication of each

defendant which you contend is evidence of an effort on

his part to (influence the choice of prospective homebuyers

on the basis of race.)

Answer: The acts of Defendants which allegedly vio-

late 42 U.S.C. § 1982 and 42 U.S.C. § 3601 et seq. are the

subject matter of the audit reports.

1) With respect to Plaintiff Edward Powell, See Ap-

pendix A.

Exhibit A to Motion for Summary Judgment

2) With respect to Plaintiff Mary P. Powell, See Ap-

pendix A.

3) With respect to Plaintiff Charles Elliott, See Ap-

pendix A.

4) With respect to Plaintiff Vicki Simmons, See Ap-

pendix A.

5) With respect to Plaintiff Joyce Perry, See Appen-

dix A.

6) With respect to Plaintiff, Sandra J. Sharp, See Ap-

pendix A.

(b) Identify each act and/or communication of each

defendant which you contend is evidence of his discourag-

ing prospective black homebuyers from purchasing homes

in white areas on the basis of race.

Answer: See answer to [2(a).

defendant which you contend is evidence of his engaging in

unlawful racial steering in violation of 42 U.S.C. § 1982

and 43 (sic.) U.S. § 3604.

Answer: See answer to [2(a).

(d) Identify each homebuyer who you contend used

or sought to use the services of Gladstone Realtor and

whose choice was influenced on the basis of race.

Answer: The plaintiff auditors were acting in the ca-

pacity of homebuyers. See Appendix A.

(e) Identify each homebuyer who used or sought to

use the services of Gladstone Realtor who was discouraged

from purchasing a home on the basis of race.

Answer: See answer to I2(d).

I6. With respect to each oral conversation between or

among each plaintiff, or anyone purporting to act on his

(their) behalf, and each defendant, or anyone purporting

to act on his (their) behalf, from January 1, 1975 to the

present time:

Exhibit A to Motion for Summary Judgment

(a) Identify the parties to the conversation.

Answer: See Appendix A.

(b) State the date of the conversation.

Answer: See Appendix A.

all persons present.

Answer: See Appendix A.

(d) If the conversation was by phone, state who called

whom.

Answer: See Appendix A.

(e) State what was said by each party to the conver-

sation or, if unable to do so, state the substance of what

was said by each party to the conversation and indicate

that it is the substance rather than the exact words that is

being reported.

Answer: See narratives in audit reports, Appendix A.

The individual plaintiffs have from time to time conversed

with each other, however, the substance and dates of those

conversations are not specifically available, but are em-

bodied in Appendix A.

17. Do plaintiffs contend that each of the defendants

discouraged prospective black homebuyers from purchas-

ing homes in white areas on the basis of race?

Answer: Yes, the individual plaintiffs in this matter

were auditors acting in the capacity of homebuyers.

(a) If the answer is yes, with respect to each defen-

dant identify the black homebuyer and state the date of

the discouragement.

Answer: See Appendix A.

(b) If the answer is no, identify those defendants as

to whom you claim such activity and with respect to each

identify the black homebuyer and state the date of the

discouragement.

Answer: Not applicable.

Motion for Leave to File Reply Brief

PROOF OF MAILING

I, Margrett Kontek on oath state that | served a copy

of the foregoing Defendants’ Motion For Summary Judg-

ment by placing same in the envelope addressed to F.

Willis Caruso, Esq., 470 S. Dearborn, Suite 1360, Chicago,

Illinois 60605 ATTN. Horace Fox, Esq., with proper, pre-

paid postage affixed thereto and by depositing same in the

United States Government mail chute at One IBM Plaza,

Chicago, Illinois on Tuesday, July 6, 1976 hefore the hour

of 5:00 p.m.

Margrett Kontek

SUBSCRIBED AND SWORN to

before me this 6th day

of July, 1976.

Mary Oskroba

Notary Public

(Notary Seal)

ao ee ee eens

Order and Memorandum Opinion

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISLON

(Title Omitted in printing.)

ORDER

(Filed September 23, 1976.)

Memorandum opinion filed. Defendants’ motion for sum-

mary judgment is granted and the cause is ordered dis-

missed.

/s/ Bernard M, Decker

Judge

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

MEMORANDUM OPINION

(Filed September 23, 1976.)

The instant complaint alleges that the defendants, a real

estate business and its salespersons and agents, engaged

in the illegal practice of racial steering. This consists of

efforts to influence the choice of prospective homebuyers

on the basis of race by discouraging prospective black

homebuyers from purchasing homes in predominantly

white areas. The action is based upon Title VIII, the Fair

Housing Act of 1968, 42 U.S.C. $3601 et seq., and upon 42

U.S.C. $1982, the Civil Rights Act of 1866.

There are several plaintiffs. The six individual plain-

tiffs include four white residents of Bellwood, Illinois,

and two blacks, one a resident of Bellwood, the other a

resident of Maywood, Illinois. These plaintiffs were in-

vestigators who audited the defendant for compliance with

Memorandum Opinion

the civil rights statutes. In the process of this investiga-

tion, several of the plaintiffs' acted as testers, individuals

who posed as prospective homebuyers in order to ascertain

the practices of the realtor. They assert that they ‘‘have

been denied their right to select housing without regard

to race and have been deprived of the social and protes-

sional benefits of living in an integrated society’’ by means

of defendants’ challenged practices. The remaining plain-

tiffs are Leadership Council for Metropolitan Open Com-

munities, a not-for-profit corporation charged with com-

batting housing discrimination, and the Village of Bell-

wood, a municipal corporation located in Cook County.

The Leadership Council asserts that the challenged prac-

tices interfere with its work and purpose, and that it has

been forced to expend sums ‘‘to provide an audit and

other efforts to eliminate such unlawful acts.’’ The Vil-

lage of Bellwood complains that it ‘‘has been injured by

having the housing market in (Bellwood) wrongfully and

illegally manipulated to the economic and social detriment

of the citizens of (Bellwood).”’

Federal jurisdiction has been invoked in this ease un-

der 42 U.S.C. $3612 and 28 U.S.C. $$1343(4) and 2201. The

defendants have moved for summary judgment.

The evidence before the court reveals that the plaintiffs

lack standing to bring this action either under the 1866

Civil Rigats Act or under 42 U.S.C. $3612. The plaintiffs

have asserted that the acts which constitute the evidence

of the alleged racial steering are those described in the

audit reports. The instant case therefore does not involve

1 Several of the testers seemingly were not plaintiffs, and the

parties’ briefs make it uncertain whether all of the plaintiffs were

in fact testers. In any case it is nowhere claimed that any of the

plaintiffs were in reality prospective homebuyers.

Memorandum Opinion

racial siceving directed at actual home seekers. As a con-

sequence, the plaintiffs can only claim to have suffered

indirect injury from the actions of the defendants.

The factual circumstances and the legal issues of this

case closely resemble the recently decided case of Topic v.

Circle Realty, 532 F.2d 1273 (9th Cir. 1976). That action

was also based upon 42 U.S.C. $1982 and upon the Fair

Housing Act of 1968 by utilizing the jurisdiction provisions

of +2 U.S.C. $3612. The plaintiffs included an unincor-

porated civil rights organization and three individual mem-

bers. Using investigatory tactics similar to those employed

by the Leadership Council in the instant case, Topic sent

out housing testers to examine the business practices of

real estate brokers in Torrence and Carson, California.

The plaintiffs found evidence of racial steering; however,

none ‘‘were actual homeseekers subjected to racial steer-

ing’’, 532 F.2d at 1274. The injuries complained of by the

plaintiffs were substantially identical to those found in the

instant complaint, with the obvious exception that the muni-

cipalities involved did not join in the Topic suit.

The district court determined that the $1982 claim should

he dismissed,? and on interlocutory appeal, the Ninth Cir-

cuit held that the plaintiffs likewise lacked standing to

bring an action under $3612 because that section ‘‘does not

authorize lawsuits to vindicate the rights of third parties.’’

532 F.2d at 1275.

? The district court actually noted in a footnote that the plaintiffs

could not prosecute a §1982 claim, but omitted the dismissal of that

count in its order. The Ninth Circuit treated that as an oversight,

and expressly affirmed the dismissal of the §1982 claim. 532 F.2d

1274 fn. 4.

Memorandum Opinion

The Topic suit, like the present case, asserted a violation

of the substantive provisions of 42 U.S.C. $3604,? which

guarantees the right not to be discriminated against in the

sale or rental of housing. The Ninth Cireuit asserted that

a cause of action under $3612 exists only for ‘‘the direct

victims” of a practice proscribed by $3604. The plain-

tiffs in Topic were held not to be ‘‘direet victims’’.

3 Section 3604 provides:

“As made applicable by section 3603 of this title and except

as exempted by sections 3603(b) and 3607 of this title, it shall

be unlawful—

“(a) To refuse to sell or rent after the making of a bona

fide offer, or to refuse to negotiate for the sale or rental of,

or otherwise make unavailable or deny, a dwelling to any person

because of race, color, religion, sex, or national origin.

“(b) To discriminate against any person in the terms, con-

ditions, or privileges of sale or rental of a dwelling, or in the

provision of services or facilities in connection therewith, be-

cause of race, color, religion, sex, or national origin.

“(c) To make, print, or publish, or cause to be made,

printed, or published any notice, statement, or advertisement,

with respect to the sale or rental of a dwelling that indicates

any preference, limitation, or discrimination based on race, color,

religion, sex, or national origin, or an intention to make any

such preference, limitation, or discrimination.

“(d) To represent to any person because of race, color, re-

ligion, sex, or national origin that any dwelling is not available

for inspection, sale, or rental when such dwelling is in fact so

available.

“(e) For profit, to induce or attempt to induce any person

to sell or rent any dwelling by representations regarding the

entry or prospective entry into the neighborhood of a person or

persons of a particular race, color, religion, sex, or national

origin.”

Memorandum Opinion

The plaintifis in the present case do not challenge the

statutory cousiruction reached by the Ninth Cireuit.‘ Their

efforts to iactually distinguish themselves from the Z'opic

plaintiffs are halihearted and unpersuasive. The inclusion

of the municipality in the instant action does not alter the

indirect nature of the grievances since Bellwood is chal-

lenging in parens patriae fashion actions to the detriment

of its citizens.*

The legal complexities in Topic and the instant case arise

from the fact that the Fair Housing Act contains two ju-

risdictional provisions $3610 and $3612. The former re-

quires the performance of certain preliminary procedures

before redress may be sought in federal court. These in-

clude the filing of a complaint with the Secretary of Hous-

ing and Urban Development. The Secretary is given time

to investigate and to attempt an administrative resolution

of the dispute. He is directed to give local authorities the

first opportunity to resolve the controversy in the event

* The plaintiffs do cite Bell Realty v. Chicago Commission on

Human Relations, 130 Ill.App.2d 1072 (1st Dist. 1971), for the

principle that minority testers have a cause of action if they are

denied housing opportunities available to whites. However, that case

in fact dealt with a license suspension under a Chicago ordinance.

The question of standing under the Fair Housing Act was not even

remotely at issue in that case, and the testers were in fact not parties

to the proceeding.

On the other hand, the court notes that indirect victims of steering

were seemingly allowed to proceed with an action under §3612 in

Zuch v. Hussey, 394 F.Supp. 1028 (E.D.Mich. 1975). The

Zuch court however did not consider the standing issue, and the

well-reasoned Topic opinion is the only Court of Appeals decision

dealing with this question.

®* The court does not reach the challenge raised by defendants to

the standing of a municipal corporation under the Fair Housing Act.

Memorandum Opinion

that equivalent procedures are available under state or lo-

cal law. Thirty days are set aside for conciliation efforts,

and the action can be brought in federal district court only

in the absence of substantially equivalent state law reme-

dies. By contrast, §3612 provides immediate access to a

federal forum without any such preconditions.

The Ninth Circuit carefully analyzed the relationship

between these two jurisdictional sections, and determined

that Congress intended that the ‘‘preferential access to

judicial processes’’ found in §3612 be limited to ‘‘those in-

dividuals who are the primary victims of the illegal acts

of discrimination.’’ 532 F.2d at 1276. The Supreme Court

has expansively defined the class of individuals with suf-

ficient standing to bring an action under §3610. Traffi-

cante v. Metropolitan Life Ins., 409 U.S. 205 (1972). The

Ninth Circuit properly notes that the procedural prereq-

uisites of $3610 would become meaningless if both it and

$3612 had identical standing requirements. The court con-

sidered that the conciliation processes of §3610 were par-

ticularly needed and appropriate in situations where there

was no direct injury and ‘‘ a delay in plaintiffs’ access to

court would not significantly worsen plaintiffs’ injuries,

if at all.’’ 532 F.2d at 1276. To hold to the contrary would

render meaningless the statutory pattern and create ‘‘a

potential excess of litigation’’ by providing immediate ae-

cess to federal court for both direct and indirect grievants.

The plaintiffs argue that their situation is more analo-

gous to that found in Trafficante. But the Supreme Court

only found the existence of standing under §3610; this ac-

tion is pased upon $3612 and upon a $1982 claim.®

6 The fact that the Supreme Court addressed the question of stand-

ing solely in the context of §3610 underscores the Ninth Circuit’s

conclusion that the standing requirements of §3612 may be more

restricted.

Motion to Reconsider

Lrafficunte had originaliy been brought under both 42

U.S.C. §§3610 and 3612 and under 42 U.S.C. §1982. 446

F.2d 1158, 1161 (9th Cir. 1971). The Ninth Cireuit held

that the plaintiffs lacked standing under the Fair Hous-

ing Act provisions and under $1982. In reversing that de-

cision, the Supreme Court expressly did not consider that

part of the holding dealing with standing under $1982. 409

U.S. 205 at 208, fu. 8. Thus Trufficante, rather than sup-

porting plaintiffs’ claim under the 1866 Act, in fact argues

against their contention. And both the district court and

the Ninth Circuit seemingly agreed in Z'opic that an in-

direct injury was not protected by $1982.

Inasmuch as the court concludes that the plaintiffs lack

standing to present their claim either under the 1866 Act

or under the jurisdictional provisions of §3612, the mo-

tion for summary judgment in behalf of the defendants

should he and hereby is granted and the cause is dismissed.

ENTER:

Bernard M. Decker

United States District Judge

DATED: September 23, 1976.

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

MOTION TO RECONSIDER

(Filed October 4, 1976.)

Now comes Plaintiffs, Village of Bellwood, The Leader-

ship Council For Metropolitan Open Communities, Edward

Powell, Mary Powell, Charles Elliott, Vicki Simmons, San-

dra Sharp and Joyce Perry by their attorneys, F. Willis

Caruso, Horace Fox and Marie V. Sanon and respectfully

Motion to Reconsider

requests this honorable Court to reconsider its Dismissal

Order in this action heretofore entered on September 23,

1976.

In support of this motion, plaintiffs state as follows:

1. Plaintiffs did and do challenge the Topic decisions’

statuatory construction. However, an alternative theory

was also presented, to wit; if the Court felt bound by Topic,

the instant case was distinguishable.

2. Plaintiffs disagree with the proposition that the

legislative history of 42 U.S.C. §3610 and §3612 delineates

a different standing requirement for $3612 than it does for

$3610.

3. Notwithstanding the fact that the Court in Zuch v.

Hussey, 394 F.Supp. 1028 (E.D. Mich. 1975) did not specifi-

cally consider the standing issue in that racial steering

case, those plaintiffs were allowed to proceed under 42

U.S.C. $3612.

4. We believe the municipality has standing in its own

right or in a representative capacity to maintain this suit.

Warth 43 L.W. 4912.

/s/ Horace Foa, Jr.

One of the Attorneys for Plaintiffs

Horace Fox, Jr.

Marie V. Sanon

F. Willis Caruso

407 So. Dearborn St.

Suite 1360

Chicago, IL 60605

341-9345

ae ey 4

Notice of Appeal

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

KASTERN DIVISION

(‘Title omitted in printing.)

NOTICE OF APPEAL

(Filed October 21, 1976.)

Notice is hereby given that Village of Bellwood, et al.,

Plaintiffs above named, hereby appeal to the United States

Court of Appeals for the Seventh Cireuit from the Mem-

orandum Order entered in this action on the 23rd day of

September, 1976.

/s/ F. Willis Caruso

/s/ Horace Fox, Jr.

One of the Attorneys for the Plaintiffs

Horace Fox, Jr.

F. Willis Caruso

Marie V. Sanon

407 South Dearborn Street

Suite 1360

Chicago, Illinois 60605

341-9345

Notice of Filing

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

NOTICE OF FILING

To: Russ Hoover, Esq.

Jenner & Block

One IBM Plaza

Chicago, Illinois

Please Take Notice that on the 21st day of October, 1976,

we filed with the Clerk of the United States District Court

for the Northern District of Llinois the Notice of Appeal,

a copy of which is herewith served upon you.

/s/ Horace Foa, Jr.

One of the Attorneys for the Plaintiffs

Horace Fox, Jr.

F. Willis Caruso

Marie V. Sanon

407 South Dearborn Street

Suite 1360

Chieago, Illinois

351-9345

State of Illinois

County of Cook—SS.

AFFIDAVIT OF SERVICE

Oneida McCullough, hereby states that she served the

foregoing Notice of Appeal upon attorney for defendants,

Russ Hoover, Jenner & Block, One IBM Plaza, Chicago,

Illinois, by mailing a copy thereof by first class, pre-paid

mail to said attorney on this 21st day of October, 1976.

/s/ Oneida McCullough

Subscribed to and sworn before me

this 21st day of October, 1976.

Marie Sanon

Notary Public

”

Order Denying Motion jor Reconsideration

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

HASTERN DIVISION

(‘Title omitted in printing.)

ORDER

(Filed November 5, 1976.)

The plaintitfs huve moved for reconsideration of this

court's order graniing summary judgment in behalf of the

detendants on the grounds that they lack standing to pre-

sent their claim under the statutes utilized. The court

feels that Topic v. Circle Realty, 532 F.2d 1273 (9th Cir.

1976), is dispositive of this case and cannot be factually

distinguished. The inclusion of the municipality as a plain-

tiff does not alter the indirect nature of the injury asserted

in the complaint. Topic offers a compelling construction

of the statuiory pattern, and deals with an issue not pre-

viously decided in this cireuit. While the plaintiffs are

free to attempt to persuade the Seventh Circuit to dis-

agree with the view expressed in Topic, the court finds no

basis for altering its previous opinion. Accordingly, the

motion to reconsider is hereby denied.

/s/ Bernard M. Decker

Judge

10-24-75

10-31-75

11-25-75

2-11-76

3- 9-76

4- 2-76

7- 8-76

9-30-76

Relevant Docket Entries

RELEVANT DOCKET ENTRIES

Filed Complaint and four copies. JS-5

Filed plaintiffs’ interrogatories.

Filed plaintiffs’ request for production of docu-

ments te be inspected and copied. ws

Filed defendants’ motion for leave to file appear-

ance, Jury demand, motion to dismiss and affidavit

evidencing compliance with Rule 39

Filed defendants’ discovery request (first wave)

Enter order dated March 8, 1976: Order plaintiff

to answer defendants interrogatories on or before

April 2, 1976 and defendant is given an extension

of time until April 20, 1976 to answer or other-

wise plead. PERRY, DJ

Mailed notices 3/9/76 fd’a

Filed plaintiffs’ notice of filing, with answers to

defendants’ first set of interrogatories, with ex-

hibits attached. fd’a

Filed defendants’ motion for summary judgment.

Enter order dated September 29, 1976: This

cause comes on upon defendants’ motion for

summary judgment. The court has read and

considered said motion and the memoranda of the

respective parties in support thereof and in op-

position thereto and finds that said motion is well

taken and should be granted for the reasons set

forth in Judge Decker’s thorough and scholarly

memorandum opinion entered September 23, 1976

10-26-76

10-21-76

10-26-76

Relevant Docket Entries

in Village of Bellwood etc., et al. v. Gladstone

Realtors, et al., case no. 75 C 3587, which opinion

this court hereby adopts as its own. The court

notes that the complaint in the aforecited case is

almost a verbatim duplicate of the complaint in

the instant case, except of course for the names

of the defendants, and that plaintiffs’ brief in op-

position to defendants’ motion for summary

judgment in the aforecited case is likewise, almost

a verbatim duplicate of their brief in opposition

to the instant motion for summary judgment,

again except for the names of the defendants. Ac-

cordingly, it is Ordered that defendants’ motion

for summary judgment be and it hereby is

granted, and that summary judgment be and is

hereby is entered in favor of each defendant

herein and against plaintiffs herein, with costs

to be assessed against the plaintiffs.—Perry, J.

Mailed notices 9-30-76 JS-6 T

Enter order dated October 21, 1976: Enter order

—plaintiff’s motion to reconsider dismissal order

of September 29, 1976 is hereby denied—.,

Perry, J.

Mailed notices 10-26-76 T

Filed plaintiffs’ motion to reconsider T

Filed Notice of filing of Notice of appeal.

Filed Notice of Appeal by Village of Bellwood,

The Leadership Council for Metropolitan Open

Communities, Edward B. Powell, Mary P. Powell,

Charles Elliott, Vicki Simmons, Sandra T. Sharp

and Joyce Perry, Plaintiffs from order of 9-29-76

$5.00 pd

Complaint

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

COMPLAINT

(Filed October 24, 1975)

Now Come the Plaintiffs, Village of Bellwood, a muniec-

ipal corporation of the State of Illinois, The Leadership

Council for Metropolitan Open Communities, a not-for-

profit corporation of the State of Illinois, Edward B.

Powell, Mary P. Powell, Charles Elliott, Vicki Simmons,

Sandra T. Sharp, and Joyce Perry, by their attorneys F.

Willis Caruso and David J. Parsons, and complains of De-

fendants Robert A, Hintze Realtor, R. J. Tillman, Stephen

F. Eggerding G.R.1., Robert A. Hintze, as follows:

1. This action arises under 42 U.S.C. $1982 and 42 U.S.C.

$§3601 et seq. Jurisdiction is conferred on this court by

28 U.S.C. §1343(4) and §2201, and 42 U.S.C. $3612.

2. Plaintiff, Village of Bellwood, is a municipal corpo-

ration of Illinois located in the County of Cook.

3. Plaintiff, The Leadership Council for Metropolitan

Open Communities, is an Mlinois not-for-profit corporation

charged with providing for equal opportunity in housing

and the elimination of discrimination in housing in the six-

county metropolitan area.

4. Plaintiffs, Sandra T, Sharp and Joyce Perry are

and were at all times relevant hereto black citizens of the

United States of America who reside in Cook County,

Illinois.

5. Plaintiffs, Edward B. Powell, Mary P. Powell,

Charles Elliott and Vicki Simmons, are and were at all

times relevant hereto white citizens of the United States of

America who reside in Cook County, Illinois.

Complaint

6. Defendant, Robert A. Hintze Realtor, is an Lilinois

real estate business with an office at 10150 Roosevelt Road,

Westchester, in the County of Cook and the State of

Illinois.

7. Defendant, Stephen F. Eggerding, is a licensed real

estate broker, State license No.: 75-066793, of Defendant

Robert A. Hintze Realtor.

8. Upon information and belief Defendant, R. J. Till-

man, is a real estate salesperson and agent for Defendant

Robert A. Hintze Realtor.

8a. Defendant, Robert A. Hintze, is a licensed real estate

broker, State license No. 75-050740.

9. On or about September 15, 1975 and prior thereto

and continuing to the date thereof, Defendants, Robert A.

Hintze Realtor, Robert A> Hintze, R. J. Tillman, Stephen

F. Eggerding G.R.L, undertook efforts to influence the

choice of prospective black homebuyers from purchasing

homes in white areas on the basis of race, thereby engaging

in unlawful racial steering in violation of 42 U.S.C. §1982

and 41 U.S.C. $3604 in an area described as follows:

An area bound on the North by the Northwestern Railroad,

on the East by Beltline Railroad, on the South by the

Eisenhower Expressway and on the West by Mannheim

Road. The homebuyers who were affected are those in the

above area; and those who used or sought to use the ser-

vices of Defendant, Robert A. Hintze Realtor and may

have been so influenced or discouraged based on race.

10. In doing the acts complained of, Defendants acted

intentionally and maliciously and were guilty of wilful and

wanton disregard of the rights of the Plaintiffs.

11. Such acts and practices complained of hamper and

interfere with the work and purpose of the Plaintiff, The

Leadership Council for Metropolitan Open Communities

Complaint

and cost The Leadership Council for Metropolitan Open

Communities money to provide an audit and other efforts

to eliminate such unlawful acts.

12. Plaintiff, Village of Bellwood, has been injured by

having the housing market in such village wrongfully and

illegally manipulated to the economic and social detriment

of the citizens of such village.

1. The individual Plaintiffs have been denied their

right to select housing without regard to race and have

been deprived of the social and professional benefits of

living in an integrated society.

4. Plaintiffs have no adequate remedy at law, or other-

wise, for the harm done by Defendants, and Plaintiffs are

suffering great and irreparable loss and will continue to

suffer great and irreparable loss unless the acts and

conduct of Defendants are enjoined.

Wherefore Plaintiffs pray:

(1) That the Court declare individual plaintiffs cannot

be denied the right to inspect, negotiate for purchase of,

and/or purchase homes on the basis of race;

(2) That the Court issue an injunction permanently re-

straining the enjoining Defendants from illegal racial steer-

ing, and enjoining Defendants from any efforts to illegally

influence the choice of prospective homebuyers from pur-

chasing homes in particular areas because of race, and/or

from encouraging prospective homebuyers to purchase a

home in particular areas based on race:

(3) That the Court grant actual damages of One

Hundred Thousand Dollars ($100,000.00) and Fifty Thou-

sand Dollars ($50,000.00) exemplary and/or punitive dam-

ages each to the Village of Bellwood and The Leadership

Council for Metropolitan Open Communities;

100

Plaintiffs’ Interrogatories

(4) That the Court grant actual damages and exemp-

lary and/or punitive damages of Five Thousand Dollars

($5,000.00) each to Edward B. Powell, Mary P. Powell,

Charles Elliott, Vicki Simmons, Sandra T. Sharp and

Joyce Perry;

(5) That the Court grant reasonable attorney’s fees

and costs and such other relief as the Court may deem

just and proper.

F. Willis Caruso

Attorney for Plaintiffs

F. Willis Caruso

407 So. Dearborn St.

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J. Parson

Seyfarth, Shaw, Fairweather

& Geraldson

55 East Monroe

42nd Floor

Chicago, Illinois 60603

(312) 346-8000

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

PLAINTIFFS’ INTERROGATORIES

(Filed October 31, 1975)

Now Come Plaintiffs, by their attorneys, and propound

the following interrogatories to be answered under oath

by the defendants individually.

101

Plaintiffs’ Interrogatories

1. State your full name. With respect to the cor-

porate defendant, state the nature of the business entity,

the date founded, all predecessors and successors and as-

signs. State the name and authority of the person answer-

ing for the corporate defendant.

2. State the names and addresses of all other persons

having knowledge or information of the matters and in-

cidents described in the Complaint filed in this case. State

whether any statements were obtained from any of these

persons by you, your agents, or your attorneys, the name

and address of each such person, and the date of such

statement; if so, attach a copy of each such written state-

ment.

F. Willis Caruso

by 8B. Beeson

Attorney for the Plaintiffs

F. Willis Caruso

407 So. Dearborn Street

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J, Parsons

Seyfarth, Shaw, Fairweather

& Geraldson

55 E. Monroe,

42nd Floor

Chicago, Illinois 60603

(312) 346-8000

102

Request for Production of Documents

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

(Title omitted in printing.)

REQUEST FOR PRODUCTION OF DOCUMENTS

TO BE INSPECTED AND COPIED

(Filed Oct. 31, 1975)

Plaintiffs, by their attorney, pursuant to Rule 34 of the

Federal Rules of Civil Procedure request Defendant

Robert A. Hintze Realtor to produce designated docu-

ments as described below at 2:00 p.m. on the 19th day of

November, 1975 at the offices of Robert A. Hintze Realtor,

10150 Roosevelt Road, Westchester, Illinois.

At which time the Plaintiffs, said attorney, and persons

acting on their behalf shall be allowed to inspect and copy

documents described as follows:

1. All listings of residential real estate either listed ex-

clusively with Robert A. Hintze Realtor or available to

said defendant for sale through multiple listing or other-

wise from October 1, 1974 through October 25, 1975.

2. All! office documents relating to residential real estate

available for sale including, but not limited to, lists, memo-

randa, reports, reports of listed properties, sale reports

and the like from October 1, 1974 through October 25, 1975.

3. All documents relating to names, addresses and tele-

phone numbers of prospects for purchase of residential

property, talked to, contacted and/or interviewed by sales

personnel of Defendant Corporation, including, but not

limited to, prospect cards, notes, memoranda, telephone

prospects sheets or cards, call-back lists, reports of show-

——

103

Request for Production of Documents

ings, reports of prospects, prospect books and the like

from October 1, 1974 through October 25, 1975.

4. All documents showing the addresses of all residen-

tial real estate shown and/or offered to the prospects re-

vealed by the documents requested in 3 above.

0. All newspaper ads and other advertisements for all

properties listed for sale including ads for individual homes

as well as display ads from October 1, 1974 through Oc-

tober 25, 1975.

6. All records and documents showing contracts en-

tered into and sales consummated by the Defendant Cor-

poration and its predecessor from October 1, 1974 through

October 25, 1975 including, but not limited to all documents

showing:

a) the address of properties sold;

b) address of Defendant Corporation’s office consum-

mating said sale;

¢) name or names of salespersons consummating said

sale for Defendant Corporation;

d) names of salespersons sharing in or paid a com-

mission for said sale;

e) whether any of the above sales were as a result of

referrals from other real estate entities:

f) names, addresses and race of the persons purchas-

ing said properties;

g) the immediate prior address of the persons pur-

chasing said properties; and

104

Request for Production of Documents

h) names, race and present address of the sellers of

said properties.

F. Willis Caruso

by B. Beeson

Attorney for Plaintiffs

F. Willis Caruso

407 So. Dearborn Street

Suite 1360

Chicago, Illinois 60605

(312) 341-9345

David J. Parsons

Seyfarth, Shaw, Fairweather

& Geraldson

55 E. Monroe

42nd Floor

Chicago, [Illinois 60603

(312) 346-8000

CERTIFICATE OF SERVICE

Rachael Davis, being duly sworn on oath deposes and

states that she mailed the foregoing Plaintiffs’ Inter-

rogatories, Plaintiffs’ Request For Production Of Docu-

ments To Be Inspected And Copied, as well as Notice of

Filing, to Robert A. Hintze,10110 Roosevelt Road, West-

chester, Illinois, by depositing true and correct copies of

same in the United States mailbox at 407 So. Dearborn,

Chicago, Illinois 60605, this 31st day of October, 1975, at

or before the hour of 5:00 p.m.

Rachael Davis

Subscribed to and sworn before

me this 3lst day of October, 1975.

Della Brunson

NOTARY PUBLIC

My Commission expires

Oct. 19, 1979

(Notary Seal)

105

Defendants’ Discovery Request

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

KASTERN DIVISION

(Title omitted in printing.)

DEFENDANTS’ DISCOVERY REQUEST

(First Wave)

(Filed February 11, 1974.)

As their first wave discovery request in this case, de-

fendants submit the following Interrogatories, Request to

Produce and Request to Admit to plaintiffs.

INTERROGATORIES

Il. With respect to each plaintiff,

(a) State his full name and each other name by

which he has been known since age 18.

(b) State his present home address and each other

address at which he has resided since age 18, indi-

cating the dates of each such residence.

(d) State his social security number.

(e) Identify his present employer and each other

employer since age 18.

(f) Identify each officer, director and principal

managing agent of plaintiff The Leadership Council

for Metropolitan Open Communities and with respect

to each officer and principal managing agent describe

his duties in that capacity.

(¢) Identify each official or agent of plaintiff Vil-

lage of Bellwood who has authorized the bringing of

this suit on its behalf.

(h) Identify each official and agent of the Village

of Bellwood who has knowledge of the injurv alleged in

paragraph 11 of the Complaint.

106

Defendants’ Discovery Request

(i) identify each officer and agent of plaintiff The

Leadership Council who has knowledge of the money

expended by said plaintiff to provide the audit and

other efforts referred to in paragraph 10 of the Com-

plaint.

(j) Identify the officer or agent of plaintiff The

Leadership Council who is best able to testify to the

types of records maintained and to the record keep-

ing and filing procedures of said party.

(k) If any of the plaintiffs are members of a Block

Club, identify the Block Club and each officer, prin-

cipal managing agent and spokesperson therefor.

(1) If any of the individual plaintiffs is or has

been a party to a lawsuit (other than the instant case)

or a defendant in a criminal case, state with respect

to each such plaintiff the full caption of the case (in-

eluding case number, court and all parties) and give a

brief description of the nature of the case.

(m) If any of the plaintiffs has ever testified either

in deposition or at trial in a suit in which The Leader-

ship Council for Metropolitan Open Communities was

a party, identify the suit in [2(1) above and state

the date of such testimony.

12. With respect to the allegations contained in para-

graph 9 of the Complaint:

(a) Identify each act and/or communication of

each defendant which you contend is evidence of an

effort on his part to influence the choice of prospec-

tive homebuyers on the basis of race.

(b) Identify each act and/or communication of each

defendant which you contend is evidence of his dis-

couraging prospective black homebuyers from pur-

chasing homes in white areas on the basis of race.

107

Defendants’ Discovery Request

each defendant which you contend is evidence of his

engaging in unlawful racial steering in violation of

42 U.S.C. § 1982 and 42 U.S.C. § 3604.

(d) Identify each homebuyer who you contend used

or sought to use the services of Robert A. Hintze

Realtor and whose choice was influenced on the basis

of race.

(e) Identify each homebuyer who used or sought to

use the services of Robert A. Hintze Realtor who was

discouraged from purchasing a home on the basis of

race.

I3. Identify each person whom plaintiffs expect to

call as an expert witness at trial and with respect to each:

(a) State the subject matter on which the expert

is expected to testify.

(b) State the substance of the facts and opinions

to which the expert is expected to testify.

opinion.

(d) State the title of the case, case number, court

and date(s) on which said expert has testified (either

at trial or in deposition) on behalf of any plaintiff

herein or on the same subject matter as his expected

testimony herein.

I4. With respect to the allegations contained in para-

graph 11 of the Complaint:

(a) State the amount of money expended by The

Leadership Council to provide an audit.

(b) Identify the recipients of all said moneys.

I5. Do you contend that the Village of Bellwood has

expended money as a result of any of defendants’ activi-

ties which are complained of in the Complaint herein?

108

Defendants’ Discovery Request

(a) If the answer is yes, state the amount of money

so expended by the Village of Bellwood.

(b) Identify the recipients of all said moneys.

I6. With respect to each oral conversation between or

among each plaintiff, or anyone purporting to act on his

(their) behalf, and each defendant, or anyone purport-

ing to act on his (their) behalf, from January 1, 1975 to

the present time:

(a) Identify the parties to the conversation.

(b) State the date of the conversation.

identify all persons present.

(d) If the conversation was by phone, state who

called whom.

(e) State what was said by each party to the con-

versation or, if unable to do so, state the substance

of what was said by each party to the conversation

and indicate that it is the substance rather than the

exact words that is being reported.

17. Do plaintiffs contend that each of the defendants

discouraged prospective black homebuyers from purchas-

ing homes in white areas on the basis of race?

(a) If the answer is yes, with respect to each de-

fendant identify the black homebuyer and state the

date of the discouragement.

(b) If the answer is no, identify those defendants

as to whom you claim such activity and with respect

to each identify the black homebuyer and state the

date of the discouragement.

18. Have plaintiffs withheld any documents called for

in the Request to Produce submitted herewith because of

a claim of privilege or work product? If the answer is yes,

state with regard to each such document:

(a) The date of the document.

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Defendants’ Discovery Request

(b) The nature of the document (e.g. letter, memo-

randum, tape recording, etc.).

(d) The subject matter of the document.

(e) The length of the document.

(f{) The addressee of the document.

(g) Identify all persons known to plaintiffs to have

seen the document or a copy thereof.

(h) The nature of the privilege or work product

claim.

I9. Identify each person not heretofore identified in re-

sponse to Interrogatory No. 1 through Interrogatory No.

7, both inclusive, who have knowledge of any fact upon

which the Complaint herein is based and with respect to

each such person state the substance of the facts as to

which he has knowledge.

REQUEST TO PRODUCE

Pursuant to Rule 34 of the Federal Rules of Civil Pro-

cedure plaintiffs are requested to produce for inspection

and copying by attorneys for defendants the following des-

ignated documents. The production is to be made in the

law offices of Jenner & Block, 43rd Floor, One IBM Plaza,

Chicago, Illinois 60611 commencing at 10:00 a.m., March

1, 1976:

Rl. Each document which relates or refers to or which

is evidence of each act and communication identified by

plaintiffs in response to interrogatory [2, including with-

out limitation each document to which they used to refresh

their recollection in verifying the answer to interrogatory

12.

R2. The curriculum vitae for each expert witness named

in response to interrogatory I3.

R3. Each previous deposition transcript and previous

transcript of tria! testimony of each expert witness identi-

fied in the answer to interrogatory I3.

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Defendants’ Discovery Request

R4. Each document which refers or relates to or which

is evidence of the amount of money and recipients of said

money stated in response to interrogatory I4, including

without limiiation each document to which plaintiffs re-

ferred to which they used to refresh their recollection in

verifying the answer to interrogatory I4.

R5. Each document which refers or relates to or which

is evidence of the amount of money and recipients of said

money stated in response to interrogatory 15, including

without limitation each document to which plaintiffs re-

ferred or which they used to refresh their recollection in

verifying the answer to interrogatory 15.

R6. Each document which relates or refers to, which is

evidence of, or which purports to summarize, either whol-

ly or in part, each conversation identified in response to

interrogatory 16.

R7. Each document which relates or refers to or which

is evidence of each fact stated in response to interrogatory

I7, including without limitation each document to which

plaintiffs referred or which they used to refresh their rec-

ollection in verifying the answer to interrogatory I7.

R8. Each document which refers or relates to or which

is the product of the audit referred to in paragraph 10 of

the Complaint.

R9. Each document which was produced by or received

by plaintiffs, and each of them, from January 1, 1975 to

the present time which refers to each and any of the fol-

lowing:

(a) R. J. Tillman

(b) Stephen F. Eggerding

(d) Complaints of racial steering by Robert A.

Hintze Realtors.

. - wwe eee ee eee eee -

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Defendants’ Discovery Request

R10. Each document which contains instructions to the

testers to conduct an audit concerning defendants.

Rll. Each document which purports to summarize or

collate the results of the audit concerning defendants.

R12. Each document sent to each defendant by each

plaintiff (with the exception of the Village of Bellwood)

and each document received by each plaintiff (with the ex-

ception of the Village of Bellwood) from each defendant

from January 1, 1975 to the present time.

R13. Each document which purports to instruct the

testers in the procedure to be followed in conducting an

audit.

R14. Each document which plaintiffs contend consti-

tutes evidence of the economic and social detriment suf-

fered by the citizens of the Village of Bellwood as a result

of defendants’ conduct.

R15. Each document which plaintiffs intend to intro-

duce in evidence at the trial of this case and each document

which plaintiffs intend to use to refresh the recollections

of witnesses whom they intend to call in this case.

REQUESTS FOR ADMISSION

Pursuant to Rule 36 of the Federal Rules of Civil Pro-

cedure plaintiffs are requested to admit the truth of the

following matters:

Al. None of the individual plaintiffs who had conver-

sations with tlie defendants had the intention at the time

of said conversations of purchasing a home.

A2. None of the individual plaintiffs who had conversa-

tions with the defendants informed the defendants that

they were conducting an audit on behalf of The Leadership

Council for Metropolitan Open Communities.

DEFINITIONS

As used in this discovery request the following words

and phrases are defined as shown below:

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