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RUSSELL v. U.S. BANK NATIONAL ASSOCIATION

090811372; A144289.

265 P.3d 1 (2011)

246 Or. App. 74

Kay RUSSELL, an individual, Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, dba U.S. Bank, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 12, 2011.

Attorney(s) appearing for the Case

A.E. Bud Bailey argued the cause for appellant. With him on the briefs were J. Dana Pinney , and Bailey Pinney & Associates LLC.

Kevin H. Kono , Portland, argued the cause for respondent. With him on the brief were Christopher F. McCracken , Carol J. Bernick , and Davis Wright Tremaine LLP.

Before SERCOMBE, Presiding Judge, and NAKAMOTO, Judge, and HADLOCK, Judge.

HADLOCK, J.

Plaintiff appeals a judgment dismissing her claim for 30 days of statutory penalty wages against defendant, her former employer. The trial court dismissed the complaint on the ground that plaintiff had not filed it within the applicable statutory limitation period. On appeal, plaintiff argues that the trial court erred when it ruled that the three-year limitation period started running on the first day that plaintiff could have sued for penalty wages,...

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