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STATE EX REL NILSEN v. ADAMS

248 Or. 269 (1967)

431 P.2d 270

433 P.2d 831

STATE EX REL NILSEN, Respondent, v. ADAMS, Appellant.

Supreme Court of Oregon.

Modified and remanded with directions September 7, 1967.

Opinion modified and petitions for rehearing denied November 22, 1967.

Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause for appellant. With him on the briefs were Willis, Kyle, Emmons and Kropp, Albany.

Dale W. Conn, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, H.J. Belton Hamilton, Thomas N. Trotta, G. Dwyer Wilson, Albert L. Menashe, Assistant Attorneys General, Salem, and Victor Levy, Assistant Attorney General, Portland.

Willis, Kyle, Emmons & Kropp, Albany, for appellant's petition.

Robert Y. Thornton, Attorney General, H.J. Belton Hamilton, Thomas N. Trotta, G. Dwyer Wilson, Albert Menashe, Dale W. Conn, Assistant Attorneys General, Salem; Victor Levy, Assistant Attorney General, Portland, for respondent's petition.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

MODIFIED AND REMANDED WITH DIRECTIONS.

HOLMAN, J.

This was an action brought by the Labor Commissioner under ORS 652.330(2) on behalf of one Dlouhy for the unpaid balance of wages. A jury trial resulted in a verdict and judgment for plaintiff for the amount of wages claimed plus statutory penalties. Attorney's fees were denied by the court in a subsequent proceeding. Defendant appealed from the judgment and plaintiff cross appealed from the denial of attorney...

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