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NORTH MARION SCH. DIST. # 5 v. ACSTAR INS.

CC 0006-05846; CA A119438; SC S53662.

169 P.3d 1224 (2007)

343 Or. 305

NORTH MARION SCHOOL DISTRICT # 15, for the use and benefit of Gonzalo Aranda Trejo, William Alan Avery, Eugene Beebe, Cory Breno, Joe Brockamp, Ray Cannon, Ronald Cooper, Chuck Craig, Keith Dossey, Allen Filer, Robin Fisk, David Flippin, David Gast, Lucas Glenn, Darrell Gutherie, Basilio Gutierrez, David Hill, Derek Holcomb, Monte Holcomb, Jeff Jones, Darren King, Fred Knipe, Donald Kuhns, John Ledoux, James Manning, Ignacio Mejia Valencia, Jose Luis Mejia Valencia, Guy Meyers, Nathan Morris, Tod Mundell, Steven Nichol, John Partlow, Nemesio Pina-Mondragon, Jason Portlock, Basilio Rudometkin, Clayton Sabine, Kirt Siegwald, Alan Sims, Daniel Stephens, Jerry Tallmon, Dennis Tidwell, Robert Tuttle, Martin Vandervies, Micah Walter, Warren Wegleitner, Richard Witbeck, and Charles Wolcott, Petitioners on Review, v. ACSTAR INSURANCE CO., a foreign corporation; American Home Assurance Company, a foreign corporation; OC America Construction, Inc., a foreign corporation; and Christopher J. Vander Kley, an individual, d.b.a. Vander Kley & Co., Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided October 11, 2007.

Attorney(s) appearing for the Case

Jacqueline L. Koch argued the cause for petitioners on review. With her on the joint briefs were Koch & Deering, and J. Dana Pinney, Portland, and Bailey, Pinney & Associates.

Darien S. Loiselle, Portland, argued the cause for respondents on review Acstar Insurance Co., American Home Assurance Co., and OC American Construction, Inc. With him on the brief were Schwabe, Williamson & Wyatt, P.C., Kelly T. Hagan, and Sara Kobak, Portland.

No appearance on behalf of respondent Christopher J. Vander Kley.

Erika L. Hadlock, Assistant Attorney General, argued the cause on behalf of amicus curiae, Bureau of Labor and Industries. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

LINDER, J.

Plaintiffs, former workers on a public works project, filed this action to recover statutory penalty wages and liquidated damages from a surety who issued construction bonds to plaintiffs' employer, a subcontractor on the project. The dispute arose when plaintiffs' employer became financially unable to meet its payroll and terminated plaintiffs' employment without paying plaintiffs' final wages on the date that those wages were due. Within one month, the...

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