OLIN v. CITY OF OURAY

No. 85CA1121.

744 P.2d 761 (1987)

Emery OLIN, Plaintiff-Appellant, v. CITY OF OURAY, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 7, 1987.

Certiorari Granted October 5, 1987.


Attorney(s) appearing for the Case

Donald W. Marshall, Jr., P.C., on the briefs, Donald W. Marshall, Jr., Westminster, Frank J. Woodrow, Montrose, for plaintiff-appellant.

John R. Kappa, Montrose, for defendant-appellee.

Gerald E. Dahl, Tami A. Tanoue, Denver, amicus curiae for The Colorado Mun. League.


Certiorari Granted (City of Ouray) October 5, 1987.

SMITH, Judge.

The sole question presented by this appeal is whether a municipal employee, as distinguished from a county employee, is covered by a statute authorizing compensation for overtime work. In this action plaintiff, Emery Olin, sought such recovery from his employer, the City of Ouray, and in response to a motion under C.R.C.P. 12(b)(5), the trial court...

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