curtis
loether
argued
decided
february
seventh
amendment
constitution
entitles
either
party
demand
jury
trial
action
damages
federal
courts
civil
rights
act
authorizes
private
plaintiffs
bring
civil
actions
redress
violations
act
fair
housing
provisions
pp
affirmed
marshall
delivered
opinion
unanimous
jack
greenberg
argued
cause
petitioner
briefs
michael
davidson
sylvia
drew
eric
schnapper
patricia
mcmahon
seymour
pikofsky
charles
black
robert
scott
argued
cause
respondents
brief
edward
dudek
briefs
amici
curiae
urging
reversal
filed
solicitor
general
griswold
assistant
attorney
general
pottinger
frank
schwelb
norman
amaker
national
committee
discrimination
housing
justice
marshall
delivered
opinion
section
civil
rights
act
stat
authorizes
private
plaintiffs
bring
civil
actions
redress
violations
title
viii
fair
housing
provisions
act
provides
may
grant
relief
deems
appropriate
permanent
temporary
injunction
temporary
restraining
order
order
may
award
plaintiff
actual
damages
punitive
damages
together
costs
reasonable
attorney
fees
question
presented
case
whether
civil
rights
act
seventh
amendment
requires
jury
trial
upon
demand
one
parties
action
damages
injunctive
relief
section
petitioner
negro
woman
brought
action
claiming
respondents
white
refused
rent
apartment
race
violation
act
complaint
sought
injunctive
relief
punitive
damages
claim
compensatory
damages
later
added
evidentiary
hearing
district
granted
preliminary
injunctive
relief
enjoining
respondents
renting
apartment
question
anyone
else
pending
trial
merits
injunction
dissolved
five
months
later
petitioner
consent
finally
obtained
housing
case
went
trial
issues
actual
punitive
damages
respondents
made
timely
demand
jury
trial
answer
district
however
held
jury
trial
neither
authorized
title
viii
required
seventh
amendment
denied
jury
request
rogers
loether
supp
ed
trial
merits
district
judge
found
respondents
fact
discriminated
petitioner
account
race
although
found
actual
damages
see
supra
awarded
punitive
damages
denying
petitioner
request
attorney
fees
costs
appeals
reversed
jury
trial
issue
rogers
loether
extended
analysis
concluded
essentially
seventh
amendment
gave
respondents
right
jury
trial
action
therefore
interpreted
statute
authorize
jury
trials
eliminate
question
constitutionality
view
importance
jury
trial
issue
administration
enforcement
title
viii
diversity
views
lower
courts
question
granted
certiorari
affirm
legislative
history
jury
trial
question
sparse
little
available
ambiguous
seems
indication
supporters
title
viii
concerned
possibility
racial
prejudice
juries
might
reduce
effectiveness
civil
rights
damages
actions
hand
one
bit
testimony
committee
hearings
indicates
awareness
jury
trials
afforded
damages
actions
title
viii
petitioner
respondents
presented
plausible
arguments
wording
construction
see
point
giving
extended
consideration
arguments
however
think
clear
seventh
amendment
entitles
either
party
demand
jury
trial
action
damages
federal
courts
seventh
amendment
provides
suits
common
law
value
controversy
shall
exceed
twenty
dollars
right
trial
jury
shall
preserved
although
thrust
amendment
preserve
right
jury
trial
existed
long
settled
right
extends
beyond
forms
action
recognized
time
justice
story
established
basic
principle
phrase
common
law
found
clause
used
contradistinction
equity
admiralty
maritime
jurisprudence
common
law
framers
amendment
meant
merely
suits
common
law
recognized
among
old
settled
proceedings
suits
legal
rights
ascertained
determined
contradistinction
equitable
rights
alone
recognized
equitable
remedies
administered
sense
amendment
may
well
construed
embrace
suits
equity
admiralty
jurisdiction
whatever
might
peculiar
form
may
assume
settle
legal
rights
parsons
bedford
pet
emphasis
original
nlrb
jones
laughlin
steel
relied
petitioner
lends
support
argument
upheld
award
backpay
without
jury
trial
nlrb
unfair
labor
practice
proceeding
rejecting
seventh
amendment
claim
ground
case
involved
statutory
proceeding
suit
common
law
nature
suit
jones
laughlin
merely
stands
proposition
seventh
amendment
generally
inapplicable
administrative
proceedings
jury
trials
incompatible
whole
concept
administrative
adjudication
substantially
interfere
nlrb
role
statutory
scheme
katchen
landy
also
relied
upon
petitioner
like
effect
upheld
seventh
amendment
challenge
bankruptcy
act
grant
summary
jurisdiction
bankruptcy
trustee
action
compel
claimant
surrender
voidable
preference
recognized
bankruptcy
traditionally
viewed
equity
jury
trials
dismember
statutory
scheme
bankruptcy
act
see
also
guthrie
national
bank
guthrie
cases
uphold
congressional
power
entrust
enforcement
statutory
rights
administrative
process
specialized
equity
free
strictures
seventh
amendment
congress
provides
enforcement
statutory
rights
ordinary
civil
action
district
courts
obviously
functional
justification
denying
jury
trial
right
jury
trial
must
available
action
involves
rights
remedies
sort
typically
enforced
action
law
think
clear
damages
action
action
enforce
legal
rights
within
meaning
seventh
amendment
decisions
see
ross
bernhard
supra
dairy
queen
wood
supra
damages
action
statute
sounds
basically
tort
statute
merely
defines
new
legal
duty
authorizes
courts
compensate
plaintiff
injury
caused
defendant
wrongful
breach
appeals
noted
cause
action
analogous
number
tort
actions
recognized
common
law
important
relief
sought
actual
punitive
damages
traditional
form
relief
offered
courts
law
need
go
far
say
award
monetary
relief
must
necessarily
legal
relief
see
mitchell
demario
jewelry
porter
warner
holding
comparison
title
viii
title
vii
civil
rights
act
courts
appeals
held
jury
trial
required
action
reinstatement
backpay
instructive
although
course
express
view
jury
trial
issue
context
title
vii
cases
courts
appeals
characterized
backpay
integral
part
equitable
remedy
form
restitution
statutory
language
characterization
based
may
enjoin
respondent
engaging
unlawful
employment
practice
order
affirmative
action
may
appropriate
may
include
limited
reinstatement
hiring
employees
without
back
pay
equitable
relief
deems
appropriate
supp
ii
oblivious
force
petitioner
policy
arguments
jury
trials
may
delay
extent
disposition
title
viii
damages
actions
title
viii
actions
seeking
equitable
relief
unaffected
preliminary
injunctive
relief
remains
available
without
jury
trial
even
damages
actions
dairy
queen
wood
moreover
statutory
requirement
expedition
actions
applies
equally
jury
trials
recognize
possibility
jury
prejudice
may
deprive
victim
discrimination
verdict
entitled
course
trial
judge
power
direct
verdict
grant
judgment
notwithstanding
verdict
grant
new
trial
provides
substantial
protection
risk
respondents
suggestion
jury
trials
expose
broader
segment
populace
example
federal
civil
rights
laws
operation
force
fundamentally
however
considerations
insufficient
overcome
clear
command
seventh
amendment
decision
appeals
must
affirmed
footnotes
seventh
circuit
first
appeals
consider
issue
reported
decisions
district
courts
evenly
divided
question
addition
district
case
cauley
smith
supp
ed
held
jury
trial
required
action
kastner
brackett
supp
kelly
armbrust
supp
held
jury
trial
required
petitioner
married
case
pending
motion
change
caption
case
accordingly
granted
see
hearings
miscellaneous
proposals
regarding
civil
rights
subcommittee
house
committee
judiciary
ser
see
hearings
subcommittee
constitutional
rights
senate
committee
judiciary
pt
recognize
course
cardinal
principle
first
ascertain
whether
construction
statute
fairly
possible
constitutional
question
may
avoided
photographs
cases
cited
case
however
necessity
jury
trial
clearly
settled
prior
seventh
amendment
decisions
futile
spend
time
statutory
issue
particularly
since
result
invalidate
civil
rights
act
direct
certain
form
procedure
employed
federal
actions
moreover
seventh
amendment
issue
case
real
sense
narrower
ground
decision
section
expressly
authorizes
actions
brought
appropriate
state
local
courts
general
jurisdiction
well
federal
courts
held
right
jury
trial
civil
cases
element
due
process
applicable
state
courts
fourteenth
amendment
since
rest
decision
seventh
amendment
rather
statutory
grounds
express
view
whether
jury
trials
must
afforded
actions
state
courts
see
also
porter
warner
holding
emergency
price
control
act
texas
pacific
rigsby
safety
appliance
act
courts
appeals
similarly
rejected
notion
seventh
amendment
application
causes
action
created
statute
see
international
brotherhood
boilermakers
braswell
cert
denied
simmons
avisco
local
textile
workers
arnstein
porter
well
decision
seventh
circuit
case
see
generally
developments
law
employment
discrimination
title
vii
civil
rights
act
harv
rev
concept
expertise
administrative
agency
rests
consistent
use
jury
fact
finder
jaffe
judicial
control
administrative
action
see
rogers
loether
developments
law
supra
example
appeals
recognized
title
viii
viewed
extension
duty
innkeepers
refuse
temporary
lodging
traveler
without
justification
duty
enforceable
damages
action
triable
jury
rent
apartments
basis
see
action
redress
racial
discrimination
may
also
likened
action
defamation
intentional
infliction
mental
distress
indeed
contours
latter
tort
still
developing
suggested
logic
common
law
development
law
insult
indignity
racial
discrimination
might
treated
dignitary
tort
gregory
kalven
cases
materials
torts
ed
procedural
history
case
generated
question
courts
whether
action
viewed
one
damages
injunctive
relief
one
damages
alone
purposes
analyzing
jury
trial
issue
appeals
concluded
right
jury
trial
properly
tested
relief
sought
complaint
claims
remaining
time
trial
need
express
view
question
action
properly
viewed
one
damages
conclusion
legal
claim
obviously
requires
jury
trial
demand
legal
claim
joined
equitable
claim
right
jury
trial
legal
claim
including
issues
common
claims
remains
intact
right
abridged
characterizing
legal
claim
incidental
equitable
relief
sought
beacon
theatres
westover
dairy
queen
wood
see
also
swofford
johnson
georgia
highway
express
robinson
lorillard
cert
dismissed
rule
cf
mcferren
county
board
education
harkless
sweeny
independent
school
district
cert
denied
smith
hampton
training
school
en
banc
see
generally
developments
law
supra
see
comment
seventh
amendment
civil
rights
statutes
history
adrift
maelstrom
nw
rev
although
petitioner
emphasized
policies
underlying
fair
housing
act
derived
thirteenth
fourteenth
amendments
expressly
maintain
constitutional
considerations
prevent
jury
trial
jury
otherwise
required
seventh
amendment
brief
petitioner
moreover
although
legislative
history
title
viii
respect
jury
trials
ambiguous
surely
indication
congress
intended
override
requirements
seventh
amendment
mandates
jury
trials
provided
damage
actions
therefore
occasion
consider
case
question
scope
congressional
power
enforce
thirteenth
amendment
fourteenth
amendment