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DELGADO v. DEL MONTE FRESH PRODUCE, N.A.

071011657; A147612 (Control); A149378.

317 P.3d 419 (2014)

260 Or. App. 480

Maria Del Pilar DELGADO, Plaintiff, and Maria De Los Angeles Tafoya Gutierrez, Juan Felipe Magdalena, and Abdias Cortez Liberio, Plaintiffs-Respondents, v. DEL MONTE FRESH PRODUCE, N.A., INC., a Florida foreign business corporation, dba Del Monte Fresh Produce, Co., Defendant-Appellant, and Staffco Management Group, Inc., a North Carolina corporation, dba American Staffing Resources, Defendant. Del Monte Fresh Produce, N.A., Inc., a Florida foreign business corporation, dba Del Monte Fresh Produce, Co., Third-Party Plaintiff, v. Staffco Management Group, Inc., a North Carolina corporation, dba American Staffing Resources, Third-Party Defendant.

Court of Appeals of Oregon.

Decided January 2, 2014.

Attorney(s) appearing for the Case

Douglas E. Smith , Washington, argued the cause for appellant. On the briefs were Brad C. Stanford , Kimberly Hanks McGair , and Farleigh Wada Witt , and David R. Fine , Amy L. Groff , and K & L Gates LLP, Pennsylvania.

Kathryn H. Clarke argued the cause for respondents. With her on the brief were Arthur Schmidt , Julie Samples , and Oregon Law Center, and James E. McCandlish , Mark E. Griffin , and Griffin & McCandlish, and Phil Goldsmith and Law Offices of Phil Goldsmith.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

In this class action wage and hour case, defendant Del Monte Fresh Produce, N.A., Inc., appeals after a special jury verdict for plaintiffs and the trial court's subsequent awards of statutory penalty wages and attorney fees for plaintiffs. On appeal, defendant raises four assignments of error. We reject defendant's third and fourth assignments of error without discussion. In its first assignment of error, defendant argues that the trial court erred by...

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