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RUSSELL v. SHEAHAN

CC 92-CV-0067; CA A81742; SC S41379.

927 P.2d 591 (1996)

324 Or. 445

Roxanne RUSSELL, for herself and all others similarly situated, Petitioner on Review, v. G. Cameron SHEAHAN, Jr., and Sheahan Investment Company, dba Double S Foods, Respondents on Review.

Supreme Court of Oregon.

Decided December 6, 1996.

Attorney(s) appearing for the Case

Joseph M. Charter, of Werdell, Charter & Hanson, Medford, argued the cause and filed the briefs for petitioner on review.

Mildred Carmack, of Schwabe, Williamson & Wyatt, Portland, argued the cause for respondents on review. On the brief were Karen O'Kasey and Regina Hauser.

Arthur E. Schmidt, Portland, filed a brief on behalf of amicus curiae Oregon Legal Services Corporation.

Philip Emerson, of Carney, Buckley, Kasameyer & Hays, and Helen T. Dziuba, of Sussman Shank Wapnick Caplan & Stiles, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

FADELEY, Justice.

The court is asked to determine whether, in the circumstances of this case, a stipulated judgment entered pursuant to ORCP 54 E is appealable. We hold that it is not.

Plaintiff, an employee of defendants, filed a complaint alleging that defendants had failed to pay plaintiff and other employees in conformance with the state's minimum wage laws. Plaintiff brought the claim on behalf of herself and a class of similarly situated employees and...

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