No. 80CA0797.

632 P.2d 635 (1981)

Luciano Mike CORTEZ, Plaintiff, v. William L. BROKAW, Defendant and Third-Party Plaintiff-Appellant, v. Carl WINCHESTER, Third-Party Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 4, 1981.

Attorney(s) appearing for the Case

Towey & Zak, James G. Benjamin, Denver, for defendant and third-party plaintiff-appellant.

Larry E. Lawler, Denver, for third-party defendant-appellee.

VAN CISE, Judge.

Judgment was entered in favor of Carl Winchester (the employee) against William L. Brokaw (the employer) for unpaid wages, an additional 50% of the wages as a penalty under § 8-4-104, C.R.S.1973, and reasonable attorney's fees under § 8-4-114, C.R.S. 1973, less a set-off of certain personal expenses owed by the employee to the employer. The employer appeals the trial court's assessment of a penalty...

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