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PEOPLE EX REL. MARTIN v. SMITH

No. 4-90-0297.

563 N.E.2d 1170 (1990)

205 Ill. App.3d 553

151 Ill.Dec. 64

The PEOPLE of the State of Illinois, ex rel. Gwen MARTIN, Director of the Illinois Department of Labor, Plaintiff-Appellant, v. Dennis SMITH, d/b/a Smith and Son Oil, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

November 26, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Chicago, Robert J. Ruiz, Sol. Gen., John A. Morrissey, Asst. Atty. Gen., for plaintiff-appellant.

J. Richard Gehlbach II, John R. Gehlbach Law Office, Lincoln, for defendant-appellee.

Presiding Justice KNECHT delivered the opinion of the court:

The plaintiff, Director of the Illinois Department of Labor (Department), by the Illinois Attorney General, appeals a trial court decision dismissing its complaint against defendant, Dennis Smith, d/b/a Smith and Son Oil. This complaint alleged the defendant failed to pay overtime wages in accordance to the Minimum Wage Law. (Ill.Rev.Stat.1987, ch. 48, pars. 1003, 1004a(1), 1012(b).) The trial court dismissed...

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