PERRY, Senior District Judge.
This is an appeal from an order of the District Court granting summary judgment in favor of defendant below, The Kroger Company [hereinafter "Kroger"] and against plaintiff below, Peter J. Brennan, Secretary of Labor, United States Department of Labor [hereinafter "the Secretary"], in an action brought by the Secretary to enforce Title III of the Consumer Credit Protection Act, § 301 et seq. (P.L. 90-321, 82 Stat. 163), 15 U.S.C...
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