Alstate Construction Co. v. Durkin, 345 U.S. 13 (1953)

Alstate Construction Co. v. Durkin


No. 296


Argued February 2-3, 1953
Decided March 9, 1953
345 U.S. 13

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

Petitioner produces in Pennsylvania a road surfacing mixture made from materials bought or quarried in Pennsylvania. Most of it is used in Pennsylvania on interstate roads and railroads and on the improvement of facilities for companies producing goods for interstate commerce.

Held: Petitioner’s employees who do not work on the roads themselves, but are engaged in the production of the road surfacing mixture for the uses shown are engaged in the "production of goods for commerce," and are within the coverage of the Fair Labor Standards Act. Pp. 13-17.

195 F.2d 577 affirmed.

The District Court enjoined petitioner from violating the overtime and recordkeeping provisions of the Fair Labor Standards Act. 95 F.Supp. 585. The Court of Appeals affirmed. 195 F.2d 577. This Court granted certiorari. 344 U.S. 895. Affirmed, p. 17.