retail concept under § 213(a)(2)
How later courts described this case
- retail concept under § 213(a)(2)
Written by the judges who cited it.
The opinion
McCREE, Circuit Judge
(concurring).
I concur in the affirmance of the judgment of the district court and write separately only to make explicit what appears to be implicit in Judge Miles’ opinion. I regard the issue of “retail concept” as a question of law and the issue of “recognition as retail” as a question of fact to be set aside only if clearly erroneous. See Brennan v. Keyser, 507 F.2d 472 (9th Cir. 1974), cert. denied, Keyser v. Dunlap, 420 U.S. 1004 , 95 S.Ct. 1446 , 43 L.Ed.2d 762 (1975).