5478. Adulteration of Cheddar cheese.    V. S. v. 108 Boxes of Cheddar Cheese.
Consent decree of condemnation. Product ordered released under bond 
for disposition in compliance with the law. (F. D. C. Nos 7987. Sample 
No. 2015-F.)
Examination of this product disclosed the presence of rodent hairs, insect frag- 
ments, and nondescript dirt. Inspection showed that it was prepared under 
insanitary conditions and that filthy milk was used.
On August 5, 1942, the United States attorney for- the Northern District of 
Illinois filed a libel against 108 boxes, each containing approximately 75 pounds, 
of Cheddar cheese at Freeport, Ill., alleging that the article had been shipped in 
interstate commerce on July 26, 1942, by the Tipton Cheese Co. from Tipton, 
Iowa; and charging that it was adulterated. The article was labeled in part: 
"Tipton."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance, and in that it had been prepared under insanitary 
conditions whereby it might have become contaminated with filth.
On October 19, 1942, an order was issued transferring the case to the Southern 
District of Iowa. On November 30, 1942; Fred Jegerlehmer, sole owner of the 
Tipton Cheese Co., claimant, having filed with the court for such District a 
motion for a more definite and specific statement, the following order of the court 
which overruled such motion was entered:
DEWEY, District Judge. "The above entitled action came on for hearing in open 
court at Des Moines, Iowa, on the 21st day of November, 1942, on the intervening 
claimant's motion for more specific statement.
"The question of whether such an order should be entered is governed by the 
rules of Civil Procedure of this court and not by the Iowa law. While the court 
has some discretion as to whether such an order should be made, it is quite 
generally held by the courts that such information is only to be furnished under 
such an order where the party cannot obtain the information by discovery as 
provided in the Rules of Civil Procedure. Such information can be so obtained 
and the attorney for the Government advises that upon written application by 
letter or otherwise to him he will be glad to furnish a detailed statement of the 
analysis furnished to his office by the Government, but he does not care to be
bound by that analysis as conclusive in the event he is able to show other filthy 
substance in the article sought to be condemned.
"As the claimant can obtain the information requested, insofar as the same 
is in the possession of the attorneys for the Government, by the procedure au- 
thorized under Rule 33 of the Rules of Civil Procedure, and other rules of dis- 
covery, the motion for more specific statement should be overruled. The Clerk 
will therefore enter the following order:
"The above entitled action having come on for hearing in open court at Das 
Moines, Iowa, on the 21st day of November, 1942, upon a motion by the inter- 
vening claimant for more specific statement, and the court being advised, said 
motion is overruled and the intervening claimant, Fred Jegerlehmer, excepts." .
On April 6, 1943, the claimant having admitted the allegations of the libel, 
judgment of condemnation was entered and the product was ordered released 
under bond with provision that it should not be sold or otherwise disposed of for 
human food, but that it could be used for animal food in compliance with the 
law.