U.S. at 38, 41-42 (1937).

[457] National Labor Relations Board _v._ Fruehauf Trailer Co., 301 U.S.
49 (1937); National Labor Relations Board _v._ Friedman-Harry Marks
Clothing Co., 301 U.S. 58 (1937).

[458] National Labor Relations Board _v._ Fainblatt, 306 U.S. 601, 606
(1939).

[459] _See_ Santa Cruz Fruit Packing Co. _v._ National Labor Relations
Board, 303 U.S. 453, 465 (1938).

[460] 52 Stat. 1060.

[461] United States _v._ Darby, 312 U.S. 100, 115 (1941).

[462] _See_ ibid. 113, 114, 118.

[463] Ibid. 123-124.

[464] Owen J. Roberts, The Court and the Constitution, The Oliver
Wendell Holmes Lectures 1951, (Harvard University Press 1951), 56.

[465] The Act provided originally that "for the purposes of this Act an
employee shall be deemed to have been engaged in the production of goods
if such employee was employed * * * in any process or occupation
necessary to the production thereof, in any State." By 63 Stat. 910
(1949), "necessary to the production thereof" becomes "directly
essential to the production thereof." The effect of this change, which
has not yet registered itself in judicial decision, seems likely to be
slight, in view of the power, which the act gives the Administrator to
lay down "such terms and conditions" as he "finds necessary to carry out
the purposes of" his orders to prevent their evasion or circumvention.
_See_ Gemsco, Inc. _v._ Walling, 324 U.S. 244 (1945). The employees
involved in the following cases have been held to be covered by the act:

(1) Operating and maintenance employees of the owner of a loft building,
space in which is rented to persons producing goods principally for
interstate commerce (Kirschbaum _v._ Walling, 316 U.S. 517 (1942));

(2) an employee of an interstate motor transportation company, who acted
as rate clerk and performed other incidental duties (Overnight Motor Co.
_v._ Missel, 316 U.S. 572 (1942));

(3) members of a rotary drilling crew, engaged within a State, as
employees of an independent contractor, in partially drilling oil wells,
a portion of the products from which later moved in interstate commerce
(Warren-Bradshaw Co. _v._ Hall, 317 U.S. 88 (1942));

(4) employees of a wholesale paper company who are engaged in the
delivery, from company warehouse within a State to customers within that
State, after a temporary pause at such warehouses, of goods procured
outside of the State upon prior orders from, or pursuant to contracts
with, such c