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USERY v. FIRST NAT. BANK OF ARIZONA

No. 75-3763.

586 F.2d 107 (1978)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Appellant, v. FIRST NATIONAL BANK OF ARIZONA, a National Banking Association, Appellee.

United States Court of Appeals, Ninth Circuit.

November 3, 1978.

Attorney(s) appearing for the Case

Ronald G. Whiting (argued), Washington, D. C., for appellant.

Robert E. B. Allen (argued), of Streich, Lang, Weeks, Cardon & French, Phoenix, Ariz., for appellee.

Before SNEED and KENNEDY, Circuit Judges, and HALL, District Judge.

KENNEDY, Circuit Judge:

This case involves the enforcement and administration of the Consumer Credit Protection Act (Act), 15 U.S.C. § 1671 et seq. The question presented is whether a bank served with a garnishment directed at a depositor's account is required to determine the depositor's right to a wage earner's exemption under the Act, and, if so, whether the bank is required to calculate the amount of that...

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