ELLIOTT v. DOWELL


420 S.W.2d 389 (1967)

Barney ELLIOTT, d/b/a Callas Grill, Appellant, v. Betty DOWELL, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 1, 1967.


Attorney(s) appearing for the Case

Jerry W. Nall, Nall & Stephens, Owensboro, for appellant.

Robert L. Gwin, Gwin & Iler, Owensboro, for appellee.


HILL, Judge.

This is an appeal by the appellant-employer from a judgment for $371.43 and a $100 attorney fee in appellee-employee's suit filed pursuant to KRS 337.360 to recover minimum wages under a mandatory order issued by the Kentucky Department of Labor effective August 1, 1962.

First we discuss a procedural question. The complaint sought a recovery of $800. By amended answer and counterclaim, tendered two days before the trial, appellant undertook to...

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