Thomas v. Hempt Brothers

Opinion by

Mr. Justice Eagen,

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. On December 12, 1955, appellant-plaintiff’s then attorney entered a discontinuance of the action of record in the prothonotary’s office. On August 19, 1959, a motion was filed to strike off the discontinuance, the substance of which motion was a claim that it was entered without the knowledge, consent or…