at
those who participate in any of these processes 'or in any process or
occupation necessary to' them are engaged in production and subject to
the Act." 325 U.S. 679, 685. On the other hand, the holding in 10 East
40th St., above, was a five-to-four decision, and Justice Frankfurter,
speaking for the Court took pains to explain that Congress in enacting
the Fair Labor Standards Act, "did not see fit, * * *, to exhaust its
constitutional power over commerce." 325 U.S. 578-579. _See_ 87 Law Ed.
pp. 87-105 for a note reviewing both Supreme Court, lower Federal Court,
and State court cases defining "engaged in commerce" as that term is
used in the Fair Labor Standards Act.

[466] 50 Stat. 246.

[467] 315 U.S. 110 (1942).

[468] Ibid. 118-119.

[469] 317 U.S. 111 (1942).

[470] 52 Stat. 31.

[471] 317 U.S. at 128-129.

[472] Ibid. 120-124 _passim_. In United States _v._ Rock Royal
Co-operative, 307 U.S. 533 (1939), the Court sustained an order under
the Agricultural Marketing Agreement Act of 1937 (50 Stat. 752)
regulating the price of milk in certain instances. Said Justice Reed for
the majority of the Court: "The challenge is to the regulation 'of the
price to be paid upon the sale by a dairy farmer who delivers his milk
to some country plant.' It is urged that the sale, a local transaction,
is fully completed before any interstate commerce begins and that the
attempt to fix the price or other elements of that incident violates the
Tenth Amendment. But where commodities are bought for use beyond State
lines, the sale is a part of interstate commerce. We have likewise held
that where sales for interstate transportation were commingled with
intrastate transactions, the existence of the local activity did not
interfere with the federal power to regulate inspection of the whole.
Activities conducted within the State lines do not by this fact alone
escape the sweep of the Commerce Clause. Interstate commerce may be
dependent upon them. Power to establish quotas for interstate marketing
gives power to name quotas for that which is to be left within the State
of production. Where local and foreign milk alike are drawn into a
general plan for protecting the interstate commerce in the commodity
from the interferences, burdens and obstructions, arising from excessive
surplus and the social and sanitary evils of low values, the power of
the Congress extends also to the local sales."' Ibid. 568-569. _See
also_ H.P. Hood & S