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BUTTERFIELD v. STATE OF OREGON

(97C12556 (Control), 98C-11963; CA A101431 (Control), A102209)

987 P.2d 569 (1999)

163 Or. App. 227

Robin BUTTERFIELD and Lynnda D. Transue, Appellants, v. STATE of Oregon, Respondent. David Quillin, Garold Assums, Lawrence Belcher, Richard Brooke, Roger Clark, James Grammar, Terry Griffith, Glen McDonald, Glen Rader, Mike Reinecke, Carl Salter, James Simpson, Randle Sitton, Terry Springer, Ken Stern, Art Walker, Richard Wingfield, Robert Amela, Dennis Belsky, Nancy Blanchard, Robert Colon, Karen Eastman, Virginia Edwards, Cynthia Eisenmeyer, Alice Ellis, Lavon Hall, Robert Jarvill, Randy Martinak, Ernest Oakes, Jr., Judith Stone, C.L. Thames, Harvey Suwol, Roger Wagner, David Young, Appellants, and Patrick Gregg, Mike Ross and Daryl Reister, Sr., Plaintiffs, v. State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

John Hoag, Eugene, argued the cause and filed the briefs for appellants.

Mary H. Williams, Assistant Solicitor General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Plaintiffs appeal from a judgment dismissing their actions against the State of Oregon alleging a violation of the Fair Labor Standards Act (FLSA). The trial court held that it did not have jurisdiction because of the State of Oregon's sovereign immunity and because plaintiffs did not give timely notice of their claims under the Oregon Tort Claims Act (OTCA). We review for errors of law and affirm.

Plaintiffs brought these actions to recover...

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