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

> Court of Appeals for the Sixth Circuit · June 21, 1976 · 538 F.2d 98

URL: https://www.frixlaw.com/law-library/cases/8899455

## Case

- **Full name:** HOMEMAKERS HOME AND HEALTH CARE SERVICES, INC., and Homemakers International Company v. Claibourne W. CARDEN, Area Director Employment Standards Administration U. S. Department of Labor
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 21, 1976
- **Citations:** 538 F.2d 98; 22 Wage & Hour Cas. (BNA) 1099
- **Precedential status:** Published
- **Opinion:** Concurrence by McCree
- **Judges:** McCree, Miles, Peck
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8899455

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8899455. Public record. Not legal advice.