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STATE EX REL. STEVENSON v. KENNETH, ETC.

576 P.2d 808 (1978)

33 Or.App. 351

STATE of Oregon ex rel. Bill Stevenson, Commissioner of the Oregon Bureau of Labor, Respondent, v. KENNETH D. RUTHERFORD, Inc., Appellant.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed the brief for appellant.

Kent B. Thurber, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen. and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and BUTTLER, JJ.

LEE, Judge.

Plaintiff is the statutory assignee of Margaret Welter in this wage claim for unpaid vacation pay and penalty against the defendant. Trial before a jury resulted in a verdict for plaintiff, and the only issue on appeal is whether the trial judge erred in giving a jury instruction regarding the right of an employee to vacation pay.

Welter was employed by defendant in March, 1968; she did not have a written...

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