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WHEELER v. MISSION ELECTRIC & PLUMBING SUPPLY, INC

515 P.2d 1323 (1973)

Robert A. WHEELER, Appellant, v. MISSION ELECTRIC & PLUMBING SUPPLY, INC., a Corporation, Respondent.

Supreme Court of Oregon.

Decided November 23, 1973.

Attorney(s) appearing for the Case

William K. Shepherd, Portland, argued the cause for appellant. With him on the briefs were Shepherd, Fedde & Miller, Portland.

Bruce L. Engel, Portland, argued the cause for respondent. With him on the brief were Engel & Kellar, Portland.

Before O'CONNELL, C.J., and DENECKE, TONGUE, HOWELL and BRYSON, JJ.

HOWELL, Justice.

Plaintiff filed this action against defendant, his former employer, seeking to recover vacation pay plus penalty wages and attorney fees. The trial court entered a judgment of involuntary nonsuit, and plaintiff appeals.

Vacation pay is a matter of contract between the employer and the employee. State ex rel. Nilsen v. Ore. Motor Ass'n, 248 Or. 133,

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