Legal Opinion

W. J. Usery, Jr., Secretary of Labor, United States Department of Labor v. First National Bank of Arizona, a National Banking Association

Court of Appeals for the First Circuit

Decided November 3, 1978No. 75-3763PublishedCited by 49 opinions

1Opinion of the Court

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 earn er’s exemption under the Act, and, if so, whether the bank is required ‘co calculate the amount of that exemption before honoring the garnishment. Contrary to the position urged by the Secretary of Labor, we hold that a bank is not required to make such determinations, and we affirm the…

2Cases cited5 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  3. Volkswagenwerk Aktiengesellschaft v. Federal Maritime CommissionSupreme Court of the United States · 1968
  4. Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
  5. In the Matter of Henry A. Kokoszka, BankruptsCourt of Appeals for the Second Circuit · 1973

3Cited by49 opinions

  1. Guidry v. Sheet Metal Workers International Ass'n, Local No. 9Court of Appeals for the Tenth Circuit · 1993
  2. Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
  3. Terry R. Finnegan, Sr. v. David Matthews, Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Ninth Circuit · 1981
  4. Adams v. HowertonCourt of Appeals for the Ninth Circuit · 1982
  5. Lawrence v. Jahn (In Re Lawrence)District Court, E.D. Tennessee · 1998

44 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API