McDaniels

Louis McDaniels and Bernard Silver brought this action to recover overtime wages that they claimed were due them on the ground that they were “engaged in commerce” and “in the production of goods for commerce” within the meaning of section 7 of the Federal Fair Labor Standards Act of 1938. (52 Stats. 1060; 29 U.S.C.A. sec. 201 et seq.) Findings were waived by the parties. Plaintiff Bernard Silver appeals from the judgment for defendant.

The defendant operates a wholesale poultry business and usually obtained from brokers the poultry that he sold, much of which came from other states. In some cases the poultry was in cold-storage warehouses when purchased by defendant, sometimes it was en route, and sometimes it was ordered by the broker to meet defendant’s needs as they arose. The out-of-state merchandise was purchased, not to fill particular orders, but for defendant’s general stock, and was used to fill orders of retail dealers within the state as they were received. In all cases after defendant had taken title, the poultry was transferred to his account at the warehouse. It remained there until needed in his business, when it was picked up by' one of defendant’s employees,…