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STATE EX REL. ROBERTS v. PUBLIC FINANCE CO.

No. 16-81-03230; CA A21878.

651 P.2d 728 (1982)

59 Or.App. 234

STATE of Oregon, ex rel. Mary Wendy Roberts, Commissioner of the Oregon Bureau of Labor and Industries, Appellant, v. PUBLIC FINANCE CO., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 15, 1982.

Reconsideration Denied October 27, 1982.

Attorney(s) appearing for the Case

William F. Gary, Sol. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen. and Richard David Wasserman, Asst. Atty. Gen., Salem.

Jonathan M. Hoffman, Portland, argued the cause for respondent. With him on the brief was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

The state brought this action against Public Finance Company to collect unpaid vacation pay allegedly owed its assignor, Richard G. Hoglen, pursuant to ORS 652.310 to 652.405. The state also seeks the statutory civil penalty provided in ORS 652.150, together with costs and attorney fees.

Both parties moved for summary judgment. The trial court denied the state's motion, granted defendant's motion and entered a judgment for defendant...

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