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BREUER v. JIM'S CONCRETE OF BREVARD, INC.

No. 02-337.

538 U.S. 691 (2003)

BREUER v. JIM'S CONCRETE OF BREVARD, INC.

Supreme Court of United States.

Decided May 19, 2003.

Attorney(s) appearing for the Case

Donald E. Pinaud, Jr., argued the cause for petitioner. With him on the briefs was Eric Schnapper.

Andrew S. Hament argued the cause for respondent. With him on the brief was Gregory Williamson.

Lisa S. Blatt argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Olson, Deputy Solicitor General Kneedler, Howard M. Radzely, Allen H. Feldman, and Edward D. Sieger.*

SOUTER, J., delivered the opinion for a unanimous Court.

JUSTICE SOUTER delivered the opinion of the Court.

The question is whether the provision of the Fair Labor Standards Act of 1938 (FLSA or Act), that suit under the Act "may be maintained ... in any Federal or State court of competent jurisdiction," 52 Stat. 1069, as amended, 29 U.S.C. § 216(b), bars removal of a suit from state to federal court. We hold there is no bar.

I

Petitioner, Phillip T. Breuer, sued respondent, his former employer, Jim...

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