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STATE EX REL. NILSEN v. CUSHING

453 P.2d 945 (1969)

STATE of Oregon ex rel. N.O. Nilsen, Commissioner of the Oregon Bureau of Labor, Appellant, v. Honorable L.A. CUSHING, Judge of the District Court of the State of Oregon, for Josephine County, and A. Donley Barnes, Clerk for the County of Josephine, Respondents.

Supreme Court of Oregon, Department 2.

Decided April 30, 1969.

Attorney(s) appearing for the Case

Victor Levy, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Atty. Gen., H.J. Belton Hamilton, Thomas N. Trotta, G. Dwyer Wilson, Dale W. Conn, Albert L. Menashe and Gayle Gemmell, Asst. Attys. Gen., Salem.

Michael S. Killoran, Dist. Atty., Grants Pass, argued the cause for respondents. With him on the brief was Robert M. Burrows, Deputy Dist. Atty., Grants Pass.

Before PERRY, C.J., and McALLISTER, GOODWIN, HOLMAN and HAMMOND, JJ.

GOODWIN, Justice.

The Labor Commissioner appeals from a circuit court judgment denying mandamus against a district judge who had denied the Commissioner's motion for a default judgment.

The Commissioner, charged by ORS 652.330 with a duty to assist unpaid workmen in collecting wages, had commenced an action in the District Court for Josephine County to collect wages and penalties on behalf of a baby sitter. The employers, a Mr. and Mrs. Donald J. Gray, were...

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