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WESTERN v. HODGSON

No. 73-1906.

494 F.2d 379 (1974)

Frank WESTERN, Jr., and Johnie T. Sinnett, et al., Appellants, v. James D. HODGSON, Secretary Department of Labor, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1974.

Attorney(s) appearing for the Case

John Troelstrup, Charleston, W. Va. (Daniel F. Hedges, E. Dandridge McDonald, Charleston, W. Va., on brief) for appellants.

Robert S. Greenspan, Atty., U.S. Dept. of Justice, and Robert K. Emerson, Huntington, W. Va. (Irving Jaffe, Acting Asst. Atty. Gen., William Kanter, Atty., U.S. Dept. of Justice, John A. Field, III, U.S. Atty., Charles F. Bagley, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., Valentine & Partain, Logan, W. Va., on brief) for appellees.

Before Boreman, Senior Circuit Judge, and Russell and Widener, Circuit Judges.

WIDENER, Circuit Judge.

This is a civil suit brought under the Consumer Credit Protection Act, 15 U. S.C. § 1671 et seq., which prohibits garnishment in excess of 25% of an employee's weekly disposable earnings. The plaintiffs, Frank Western, Jr., and Johnie T. Sinnett, are coal miners employed by the Buffalo Mining Company (Buffalo) in Logan County, West Virginia, a defendant in this suit. Both purchased merchandise from the defendant, Lorado Super Market, Inc...

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