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WALES v. WALT STALLCUP ENTERPRISES

(97-01829CV; CA A102680)

2 P.3d 944 (2000)

167 Or. App. 212

Audra WALES, Appellant, v. WALT STALLCUP ENTERPRISES, dba Wendy's of Southern Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 10, 2000.

Attorney(s) appearing for the Case

Jacqueline L. Koch, Portland, argued the cause for appellant. With her on the briefs was Findling & Johnson.

Bradford J. Aspell, Klamath Falls, argued the cause and filed the brief for respondent.

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

ARMSTRONG, J.

Plaintiff appeals from a trial court judgment that denied her claim for penalty wages and attorney fees for defendant's failure to pay her her final wages within the statutory period. ORS 652.140; ORS 652.150; ORS 652.200(2). We reverse.

The parties tried the case to the court; we take the facts from its findings. Plaintiff worked at defendant's Wendy's restaurant at the rate of $5.50 per hour or $44.00 per day. On Saturday, January 11, 1997...

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