Department of Labor & Industrial Services v. East Idaho Mills, Inc.

WALTERS, Chief Judge.

This suit involves a claim for unpaid wages allegedly owed to John Hansen by East Idaho Mills, Inc. (EIM). After a non-jury trial, the magistrate ruled that the wages were owed to Hansen and awarded him treble damages under I.C. § 45-615, plus costs and attorney fees. On appeal to the district court, the district judge held that the magistrate had abused his discretion by not allowing the taking of an out-of-state witness’s deposition for use at trial. The district court therefore remanded for a new trial.1 Hansen and the Department of Labor jointly appeal from the…