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STATE EX REL NILSEN v. BERRY

248 Or. 391 (1967)

434 P.2d 471

STATE EX REL NILSEN, Appellant, v. BERRY ET AL, Respondents.

Supreme Court of Oregon.

Affirmed December 6, 1967.

Attorney(s) appearing for the Case

G. Dwyer Wilson, Assistant Attorney General, Portland, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, Salem, and H.J. Belton Hamilton, Thomas N. Trotta, Dale W. Conn, Albert L. Menashe, and Victor Levy, Assistant Attorneys General, Portland.

Rolfe Cuthbert, Eugene, argued the cause for respondents. With him on the brief were Husband and Johnson, Eugene.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The question in this case is whether federal law applies to a provision in a collective bargaining agreement between a labor union and an employer engaged in interstate commerce prescribing certain procedures to be followed in the prosecution of claims of employees against their employer for overtime wages.

The State, through its Commissioner of the Bureau of Labor, brought two actions upon...

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