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THOMAS v. U.S. BANK NATIONAL ASSOCIATION

080289L3; A139603.

260 P.3d 711 (2011)

244 Or. App. 457

Tara Crippen THOMAS, Shelly Gillaspie and Carlin Hale, individually and on behalf of all persons similarly situated, Plaintiffs-Respondents, v. U.S. BANK NATIONAL ASSOCIATION, dba U.S. Bank, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 27, 2011.

Attorney(s) appearing for the Case

Christopher F. McCracken , Portland, argued the case for appellant. With him on the briefs were Timothy R. Volpert , Carol J. Bernick , and Davis Wright Tremaine LLP.

A.E. Bud Bailey argued the case for respondents. On the brief were J. Dana Pinney and Bailey Pinney & Associates LLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

In this interlocutory appeal pursuant to ORS 19.225,1 defendant, U.S. Bank National Association, challenges the trial court's order denying defendant's motion to dismiss or, in the alternative, to strike plaintiffs' class-related claims in an action seeking penalties for untimely paid termination wages, see ORS 652.140; ORS 652.150. Defendant, consistently with the scope of our interlocutory review,

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