TYE v. HERTZ DRIVURSELF STATIONS

No. 9598.

173 F.2d 317 (1949)

TYE v. HERTZ DRIVURSELF STATIONS, Inc.

United States Court of Appeals Third Circuit.

Decided February 10, 1949.


Attorney(s) appearing for the Case

George E. Beechwood, of Philadelphia, Pa. (Bernard J. Smolens and Conlen, LaBrum & Beechwood, all of Philadelphia, Pa., on the brief), for appellant.

M. E. Maurer, of Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

This action was instituted to recover unpaid overtime compensation and liquidated damages pursuant to Section 16 (b) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 1069, 29 U.S.C.A. § 216(b). In this Court, the plaintiff-appellee has argued the seasonableness of the appeal, but in our view the decisive question is whether it is taken from a "final decision." The issue is one which we raise of our own motion, for the appellate...

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