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DIAS v. STATE, DEPT. OF INSTITUTIONS

No. 85CA1414.

740 P.2d 545 (1987)

Wenceslaus DIAS, M.D., Plaintiff-Appellant, v. The STATE of Colorado, DEPARTMENT OF INSTITUTIONS, Dr. Frank Traylor, Executive Director, Department of Institutions, James A. Stroup, State Controller, Haydee Kort, M.D., Superintendant, Colorado State Hospital, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

June 25, 1987.

Attorney(s) appearing for the Case

Gene L. Brietenbach, P.C., Gene L. Brietenbach, Pueblo, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Carolyn Lievers, Asst. Atty. Gen., Denver, for defendants-appellees.

METZGER, Judge.

Plaintiff, Wenceslaus Dias, M.D., appeals a judgment of the district court affirming the State Controller's denial of cash payments for plaintiff's overtime work. We affirm.

On January 2, 1980, plaintiff began working at the Colorado State Hospital as the only full-time surgeon on staff. From January to June of 1980, he worked 1,693 hours overtime, on an on-call basis. He was given to understand by his supervisors that he would be allowed to...

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