Legal Opinion

Tobin v. Alstate Const. Co.

Court of Appeals for the Third Circuit

Decided May 5, 1952No. 10464PublishedCited by 12 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

Where an employer is engaged in the production and application of a bituminous material used in the repair and maintenance of highways over which interstate commerce moves, are those off-the-road employees who perform work essential to the production of the material “engaged in commerce or in the production of goods for commerce” within the meaning of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.?

The question is presented by the instant appeal from the judgment of the District Court for the Middle District of Pennsylvania enjoining violations by…

2Cases cited12 opinions

  1. Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
  2. Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
  3. Atlantic Co. v. WallingCourt of Appeals for the Fifth Circuit · 1942
  4. Kelly v. Ford, Bacon & Davis, Inc.Court of Appeals for the Third Circuit · 1947
  5. E. C. Schroeder Co. v. CliftonCourt of Appeals for the Tenth Circuit · 1946

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Alstate Construction Co. v. DurkinSupreme Court of the United States · 1953
  2. Thomas v. Hempt BrothersSupreme Court of the United States · 1953
  3. Tobin, Secretary of Labor v. JohnsonCourt of Appeals for the Eighth Circuit · 1952
  4. Durkin v. Mercer Water Co.District Court, W.D. Pennsylvania · 1953
  5. Thomas v. Hempt Bros.Supreme Court of Pennsylvania · 1952

7 more not listed; retrieve them via the Exa API.

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