Hanson v. Lagerstrom, 12443.
| Decision Date | 08 February 1943 |
| Docket Number | No. 12443.,12443. |
| Citation | 133 F.2d 120 |
| Parties | HANSON v. LAGERSTROM. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Thomas M. McCabe, of Duluth, Minn. (McCabe, Gruber & Clure, of Duluth, Minn., on the brief), for appellant.
M. H. Greenberg, of Eveleth, Minn. (Henry Paull, of Duluth, Minn., on the brief), for appellee.
Westley W. Silvian, Atty. for Administrator of the Wage and Hour Division, United States Department of Labor, of Washington, D. C. (Irving J. Levy, Acting Sol., and Bessie Margolin, Asst. Sol., both of Washington, D. C., James M. Miller, Regional Atty., of Minneapolis, Minn., and Flora G. Chudson, Atty., United States Department of Labor, of Washington, D. C., on the brief), amicus curiae.
Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.
This is an appeal from a judgment for plaintiff in an action brought to recover wages and overtime compensation under the provisions of the Fair Labor Standards Act of 1938, Title 29 U.S.C.A. § 201 et seq. We shall refer to the parties as they were designated in the trial court.
Plaintiff alleged that he and defendant were within the coverage of this act and that he had performed services for which he had not been compensated at the minimum wage and overtime rates prescribed by Sections 6 and 7 of the Act. Defendant by his answer denied that the parties were engaged in commerce, or the production of goods for commerce, and specifically alleged that plaintiff was excluded from the benefits of the Act under the provisions of Section 13(a)(2). The court found the issues in favor of plaintiff and from the judgment entered defendant prosecutes this appeal, asking reversal on the ground that: (1) the operation of the cook camp in connection with his logging and transportation activities did not amount to engaging in commerce or the production of goods for commerce within the meaning of the Act, and (2) the cook house was a retail or service establishment and as such exempt.
The facts bearing on this question are not in serious dispute. Defendant was engaged in the business of cutting, skidding, and hauling pulpwood in Koochiching County, Minnesota. All the pulpwood cut, skidded and hauled by his employees was sold and delivered by him pursuant to a contract to the Minnesota and Ontario Paper Company at International Falls, Minnesota, where it was converted into products which were sold throughout the United States. Speaking of his relations with the Minnesota and Ontario Paper Company defendant testified that he took the job at so much to put in their pulpwood, so that all the pulpwood which he cut was cut for Minnesota and Ontario Paper Company. He described himself as a general contractor. During the months of February and March, 1940, the period here involved, the principal activities carried on by defendant's employees were the skidding, loading and snow and ice road hauling of pulpwood. In connection with this enterprise defendant maintained and operated a camp which included a bunk house and a cook house for the purpose of boarding the men who did the cutting and skidding. The cook house was maintained for the purpose of feeding defendant's employees and its operation was entirely dependent on the continuance of local pulpwood operations. This cook house was the only available eating facility in the neighborhood, the nearest restaurant being at Little Falls, Minnesota, 13 miles from the camp, and if the logging employees who stayed in camp were not boarded in the cook house it would be necessary to transport them to Little Falls or to Big Falls, Minnesota, each place being about 13 miles distant from the camp. Defendant's working force consisted of approximately 60 men who slept and ate at the camp, and 15 or 20 "shackers" and "farmerloggers" who lived in their own shacks in the vicinity. The workers, other than the shackers, ate all their meals at the cook house except that when the weather was inclement, or the place of work a considerable distance away, the noon meal was taken out to them. About 4 to 6 meals per day were furnished to persons who were not employees of defendant.
Plaintiff was employed by defendant as a cookee, his duties were to serve meals at the cook house, to assist in the preparation of food, to keep the kitchen and the premises clean, and to wash the dishes and utensils in which the food was prepared and served.
The Act makes it unlawful to transport, offer for transportation, ship, deliver or sell in commerce, or to ship, deliver or sell with knowledge that shipment, delivery or sale thereof in commerce is intended, any goods in the production of which any employee is employed in violation of Sections 6 and 7 of the Act. Sec. 15(a)(1). By Section 3(b) commerce is defined as trade, commerce, transportation, transmission or communication among the several states or from any state to any place outside thereof. As defendant sells pulpwood to be converted into wood products which are intended for shipment and sale in interstate commerce he is, we think, subject to the provisions of the Act in the general scope of his activities. Hamlet Ice Co. v. Fleming, 4 Cir., 127 F.2d 165; Enterprise Box Co. v. Fleming, 5 Cir., 125 F.2d 897; United States v. Darby, 312 U.S. 100, 657, 61 S.Ct. 451, 85 L.Ed. 609, 132 A.L.R. 1430; Warren-Bradshaw Drilling Co. v. Hall, 63 S.Ct. 125, 87 L.Ed. ___, opinion filed November 9, 1942; Kirschbaum Co. v. Walling, 316 U.S. 517, 62 S.Ct. 1116, 1120, 86 L.Ed. 1638.
Sections 6 and 7 of the Act provide for minimum wages and maximum hours of labor as to employees "who are engaged in commerce or in the production of goods for commerce". Section 3(j) contains a definition of "produced" as follows: "`Produced' means produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this Act chapter an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any process or occupation necessary to the production thereof, in any State."
The specific question here, however, is...
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