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KELLY v. ARMBRUST

Civ. No. 4790.

351 F.Supp. 869 (1972)

Lawrence KELLY and Wilma T. Kelly, Plaintiffs, v. Marcus ARMBRUST a/k/a Mark Armbrust and Mary Ann Armbrust, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

December 19, 1972.

Attorney(s) appearing for the Case

Robert A. Feder, Fargo, N. D., for plaintiffs.

Gilbert R. Neset, Fargo, N. D., for defendants.

MEMORANDUM OF DECISION

BENSON, Chief Judge.

This is an action for damages pursuant to 42 U.S.C. § 3604(a), a provision under Title VIII of the 1968 Civil Rights Act, alleging racial discrimination on an allegation that the defendants refused to rent to plaintiffs a dwelling, after making a bona fide offer to rent. The defendants made a timely demand for a jury trial, and moved the Court for dismissal of the action on the grounds of lack of jurisdiction...

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