Legal Opinion

Frank Western, Jr., and Johnie T. Sinnett v. James D. Hodgson, Secretary Department of Labor

Court of Appeals for the Fourth Circuit

Decided March 20, 1974No. 73-1906PublishedCited by 20 opinions

1Opinion of the Court

WIDENER, Circuit Judge.

This is a civil suit brought under the Consumer Credit Protection Act, 15 U. S.C. § 1671 et seq., which prohibits garnishment in excess of 25% of an employee’s weekly disposable earnings. The plaintiffs, Frank Western, Jr., and Johnie T. Sinnett, are coal miners employed by the Buffalo Mining Company (Buffalo) in Logan County, West Virginia, a defendant in this suit. Both purchased merchandise from the defendant, Lorado Super Market, Inc., (Lora-do) on credit and, at the same time, executed agreements characterized by the plaintiffs as “purported wage assignments.”…

2Cases cited9 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  4. Allen v. State Board of ElectionsSupreme Court of the United States · 1968
  5. Harris v. BalkSupreme Court of the United States · 1905

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3Cited by20 opinions

  1. Mullins v. VenableWest Virginia Supreme Court · 1982
  2. Coar v. KazimirCourt of Appeals for the Third Circuit · 1993
  3. Clendenin Lumber & Supply Co. v. CarpenterWest Virginia Supreme Court · 1983
  4. Walter Monroe Smith v. Cotton Brothers Baking Co., Inc.Court of Appeals for the Fifth Circuit · 1980
  5. Atwater v. RoudebushDistrict Court, N.D. Illinois · 1976

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