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STATE EX REL. ROBERTS v. PUBLIC FINANCE

TC 16-81-03230; CA A21878; SC 28993.

662 P.2d 330 (1983)

STATE of Oregon, ex rel. Mary Wendy Roberts, Commissioner of the Oregon Bureau of Labor and Industries, Petitioner On Review, v. PUBLIC FINANCE Co., an Oregon Corporation, Respondent On Review.

Supreme Court of Oregon.

Decided April 19, 1983.

Attorney(s) appearing for the Case

William F. Gary, Sol. Gen., Salem, filed the briefs and argued the cause for petitioner on review. 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, filed the brief and argued the cause for respondent on review. With him on the brief was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Larry K. Amburgey, Portland, filed a brief amici curiae for Food Employers, Inc., Northwest Packers Industrial Ass'n, Timber Operators Council, Inc., Champion Intern. Corp., Lamb-Weston, Inc., Payless Drugstores Northwest, Inc., Portland Gen. Elec. Co., Sprouse Reitz Corp. and Trus Joist Corp. With him on the brief were Amy Segal and Bullard, Korshoj, Smith & Jernstedt, P.C., Portland.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

CAMPBELL, Justice.

The state, acting through the Oregon Bureau of Labor and Industries, brought this action against Public Finance Company to collect vacation pay it alleges Public Finance owes to the states assignor, Richard Hoglen. The employer denies owing any vacation pay because Hoglen was discharged before his anniversary date. The trial court granted summary judgment for the employer. The state appealed. The Court of Appeals affirmed. We also affirm,

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