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STATE EX REL. STEVENSON v. YOUTH ADVENTURES

No. A7711-16006; CA 12688.

600 P.2d 880 (1979)

42 Or.App. 263

STATE ex rel. Bill Stevenson, Commissioner, Oregon Bureau of Labor, Appellant, v. YOUTH ADVENTURES, an Oregon Nonprofit Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 24, 1979.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

J. Bradford Shiley, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

SCHWAB, Chief Judge.

The plaintiff Labor Commissioner brought this action as assignee of two former employes of the defendant employer alleging the failure of the employer to pay its assignor-employes required overtime wages. A jury returned a verdict in favor of the employer. The defendant moved for an award of attorney fees. The Labor Commissioner argued that there was no statutory authority for such fees. The trial court awarded defendant attorney fees. The Labor...

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