United States Supreme Court Cases & Opinions

U.S. Supreme Court

Thomas v. Hempt Brothers, 345 U.S. 19 (1953)

Thomas v. Hempt Brothers

No. 410

Argued February 3, 1953

Decided March 9, 1953

345 U.S. 19

Syllabus

Petitioner sued respondent for overtime pay, liquidated damages, and counsel fees under §§ 6, 7 and 16(b) of the Fair Labor Standards Act, alleging that he was employed in producing roadbuilding materials in Pennsylvania which were sold for use in Pennsylvania by an interstate road, railroad, and airport and other customers who used them on projects which "aided the flow of commerce."

Held: A judgment for respondent on the ground that petitioner had failed to state a cause of action under the Act is reversed on the authority of Alstate Construction Co. v. Durkin, ante p. 345 U. S. 13. Pp. 345 U. S. 19-21.

371 Pa. 383, 89 A.2d 776, reversed.

The Supreme Court of Pennsylvania sustained a trial court's judgment for respondent. 371 Pa. 383, 89 A.2d 776. This Court granted certiorari. 344 U.S. 895. Reversed and remanded, p. 345 U. S. 21.