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GRIESER v. HAYNES

No. 9512.

404 P.2d 333 (1965)

Ray J. GRIESER, Plaintiff-Appellant, v. E. R. HAYNES, Defendant-Respondent.

Supreme Court of Idaho.

July 22, 1965.

Attorney(s) appearing for the Case

Felton & Bielenberg, Moscow, for appellant.

J. Henry Felton, Lewiston, for respondent.

TAYLOR, Justice.

Plaintiff (appellant) brought this action to recover an alleged balance of wages due, a penalty of 30 days additional wages pursuant to I.C. § 45-606, and for attorney's fees pursuant to I.C. § 45-605. The cause was tried to the court sitting without a jury.

At the close of plaintiff's evidence, defendant moved the court for a judgment of nonsuit, as follows:

"Comes now the defendant...

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