Opinion

Homemakers Home & Health Care Services, Inc. v. Carden

  • 538 F.2d 98
  • 22 Wage & Hour Cas. (BNA) 1099
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 21, 1976
Status
Published
Author
McCree
On the bench
McCree, Miles, Peck
Cited by
5 cases
Authority
More cited than 18.8%

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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