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AKERS v. DIRECTOR OF BUREAU OF LABOR STANDARDS

506 A.2d 220 (1986)

Jessie AKERS, Jr., et al. v. DIRECTOR OF BUREAU OF LABOR STANDARDS.

Supreme Judicial Court of Maine.

Decided March 10, 1986.

Attorney(s) appearing for the Case

Neil Shankman, Legal Center of Maine, (orally), Lewiston, for plaintiffs.

James E. Tierney, Atty. Gen., Leanne Robbin, Asst. Atty. Gen., (orally), Augusta, for defendant.

Before NICHOLS, ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION

The appellants, all former employees of the Wyandotte Mill in Waterville, appeal from a judgment in Superior Court, Kennebec County, granting the defendants' motion to dismiss under Rule 12(b)(6) M.R. Civ.P.

The issue on appeal is whether vacation, retirement and severence pay benefits, earned from a now insolvent employer are compensable to former employees out of the Maine Wage Assurance Fund, 26 M.R. S.A. § 632 (Supp.1985)...

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