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THOMAS v. HEMPT BROTHERS

402 Pa. 369 (1961)

Thomas, Appellant, v. Hempt Brothers.

Supreme Court of Pennsylvania.

January 16, 1961.

Attorney(s) appearing for the Case

Irwin Albert, with him Marian Schwalm Furman, and Jerome H. Gerber, for appellant.

Jack A. Riggs, with him Samuel A. Schreckengaust, Jr., and Myers, Myers & Flower, and McNees, Wallace & Nurick, for appellees.

Before BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, January 16, 1961:

This action involves the claim of the appellant-plaintiff against a former employer for overtime wages, liquidated damages and counsel fees under the provisions of the Fair Labor Standards Act.

The issue was listed for trial during the December term list of 1955.1 On December 12, 1955, appellant-plaintiff's then attorney entered a discontinuance of the action of record in the prothonotary...

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