William O. Douglas

“ It held that employees who are engaged in the procurement or receipt of goods from other states are 'engaged in commerce' within the meaning of § 6 (a) and § 7 (a) of the Act. (2) It also held that where respondent 'takes an order' from a customer and fills it outside the state and the goods are shipped interstate 'with the definite intention that those goods be carried at once to that customer, and they are so carried, the whole movement is interstate' and the entire work of delivery to their final destination is an employment 'in commerce'. ”

“ If there is a practical continuity of movement from the manufacturers or suppliers without the state, through respondent's warehouse and on to customers whose prior orders or contracts are being filled, the interstate journey is not ended by reason of a temporary holding of the goods at the warehouse. ”

“ The bulk of the merchandise, however, passes through the branch warehouses before delivery to customers. There is evidence that the customers constitute a fairly stable group and that their orders are recurrent as to the kind and amount of merchandise. Some of the items carried in stock are ordered only in anticipation of the needs of a particular customer as determined by a contract or understanding with respondent. Frequently orders for stock items whose supply is exhausted are received. Respondent orders the merchandise and delivers it to the customer as soon as possible. ”

“ Respondent is engaged in the wholesale business, distributing paper products and related articles. Its business covers a large area embraced within a number of states in the southeastern part of the country. The major portion of the products which it distributes comes from a large number of manufacturers and other suppliers located in other states and in foreign countries. Five of respondent's twelve branch houses deliver goods to customers in other states and it is not contended that the Act does not apply to delivery employees at those establishments. ”

“ The evidence said to support it is of a wholly general character and lacks that particularity necessary to show that the goods in question were different from goods acquired and held by a local merchant for local disposition. ”