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SIMPSON v. SPERRY RAND CORPORATION

No. 73-1716.

488 F.2d 450 (1973)

Nelson SIMPSON, Jr., Plaintiff-Appellant, v. SPERRY RAND CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1973.

Attorney(s) appearing for the Case

Glen H. Smith, Shreveport, La., for plaintiff-appellant.

John T. Cox, Jr., Shreveport, La., for defendant-appellee.

Harold C. Nystrom, Associate Sol., Bobbye D. Spears, Atty., U. S. Dept. of Labor, Washington, D. C., amicus curiae.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

Nelson Simpson, Jr., an employee of Sperry Rand Corporation, brought this private action against his employer under Title III of the Consumer Credit Protection Act, 15 U.S.C. § 1671 et seq. The court below entered summary judgment for the employer based upon its conclusion that Simpson was within the ambit of Section 304(a) of the Act, 15 U.S.C. § 1674(a),1 but that no private right of action was provided or implied...

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