AFFIRMED AS MODIFIED.
LUSK, J.
This action was brought, pursuant to statute, to recover wages, a penalty, and attorney's fees. ORS 652.140; Oregon Laws 1947, ch 193 (ORS 652.150); OCLA § 102-607 (ORS 652.200). From a judgment for plaintiff based on a verdict of the jury the defendant has appealed.
The plaintiff alleged in his complaint that between June 5 and June 12, 1950, defendant employed the plaintiff, Walter Newman and John Jacobsen as ...
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