William O. Douglas

“ Experts might disagree over the desirability of one formula rather than another. It is enough for us that the expert stayed within the allowable limits. We think he did here and that the definition of 'area of production' under § 13 (a) (10) is a valid one.
Agriculture.-The Court of Appeals held that the employees in the bulking plants of King Edward and May were exempt under § 13 (a) (6) which covers 'any employee employed in agriculture'. ”

“ For the purposes of this section:
(1) 'open country or rural community' shall not include any city, town or urban place of 2,500 or greater population or any area within:
(i) One air-line mile of any city, town, or urban place with a population of 2,500 up to but not including 50,000 or
(ii) Three air-line miles of any city, town or urban place with a population of 50,000 up to but not including 500,000, or
(iii) Five air-line miles of any city with a population of 500,000 or greater according to the latest available United States Census. ”

“ The percentage of commodities received from normal rural sources of supply within the specified distances shall be determined by weight, volume or other physical unit of measure, except that dollar value shall be used if different commodities received in the establishment are customarily measured in physical units that are not comparable. ”

“ The employees concerned work in tobacco-bulking plants operated by respondents in Quincy, Florida, which has a population in excess of 2,500. Respondents claim these employees are exempt from the Act. ”