9719. Action to enjoin and restrain the interstate shipment of adulterated cheese
and cheese products. IT. S. v. Conestoga Cream and Cheese Manufactur- 
ing Corporation and Spier Sam Silberman, also known as Sam Silberman. 
Tried to the court.   Injunction granted.   (Inc. No. 81.)
COMPLAINT FILED: March 21, 1945, Northern District of Ohio, against the 
Conestoga Cream and Cheese Manufacturing Corporation, Lima, Ohio, and 
Snier Sam Silberman, also known as Sam Silberman, plant manager.
NATURE OF CHARGE: That for several years, and particularly since October 6, 
1942, the defendants had been preparing, packing, processing, and manufactur- 
ing, and offering for interstate shipment and shipping in interstate commerce, 
cheese and cheese products; that numerous investigations had been made 
by the Food and Drug Administration which disclosed the existence of in- 
sanitary conditions in the plant of the defendants by reason of the presence 
of insects, rodent excreta, and other foreign matter, and filthy and unwhole- 
some substances in and around places in the plant where the foods were manu- 
factured, in and around raw materials and substances from which the foods 
were manufactured, in and around places in the plant where the foods were 
packed, in and around machinery and equipment for manufacturing the foods 
and containers for the foods, and in and around the finished foods; that the 
investigations disclosed further that the buildings where the foods were pre- 
pared, packed, and held, were in a state of disrepair and dilapidation, and 
that the windows were "unscreened, subjecting the foods prepared in the plant 
to contamination by insects, rodents, and other sources.
The complaint alleged further that the products prepared and packed under 
the aforesaid conditions were adulterated as follows: Section 402 (a) (3), 
they consisted in whole or in part of filthy substances; and, Section 402 (a) (4), 
they had been prepared, packed, and held under insanitary conditions whereby 
they may have become contaminated with filth.
PRAYER OF COMPLAINT: That a preliminary injunction issue, restraining the 
defendants from commission of the acts complained of; and that, after due 
proceedings, the preliminary injunction be made permanent.
DISPOSITION : June 6, 1945. The case having come on for hearing, and having 
been submitted to the court on the pleadings, statements of counsel, and stipu- 
lation of facts, the court made the following findings of fact and conclusions 
of law:
KLOEB, District Judge:
"Upon statement of counsel, Marcus L. Friedman, Assistant United States 
Attorney for the Northern District of Ohio, Western Division, and Eugene 
Farber, of Farber and Cochrane, attorneys for the defendants, the Court makes 
the following findings of fact:
"1. That the said Conestoga Cream and Cheese Manufacturing Corporation 
is a corporation organized and existing under the laws of the State of New 
York, and has a place of business at Lima, Ohio.
"2. That Snier Sam Silberman, also known as Sam Silberman, an individual, 
is Manager of the said place of business at Lima, Ohio.
"3. Between October, 1942 and June 6,1945, the Lima, Ohio branch of iner- 
tia Cream and Cheese Manufacturing Corporation was engaged in the manu- 
facture of cheese, a majority of which was shipped in interstate commerce.
"4. During the said period, the said defendants shipped in interstate com- 
merce, cheese products which contained foreign and adulterated matter.
"5. That the plant was in an insanitary condition.
"6.- That such cheese products as were manufactured by the cheese company 
at its plant at Lima, Ohio, were unfit for food.
CONCLUSIONS OF LAW
"1. The Court has jurisdiction of the parties and the subject matter in this 
case.
"2. That Congress intended that the word, 'filthy' as used in the Act should be 
construed to have its usual and ordinary meaning.
"3. That the products manufactured by the Conestoga Cream and Cheese 
Manufacturing Corporation contained foreign and adulterated substances, and 
were shipped in interstate commerce, contrary to the Act; and within the 
meaning of Title 21, U. S. C. A., Section 332 (a), in that it consisted in part of 
filthy and decomposed substances and was unfit for food.
"4. That the relief prayed for in the Complaint should be granted."
The court thereupon announced that the defendants would be given until 
June 30, 1945, to correct the conditions complained of, or otherwise an in- 
junction would be issued.
On June 28, 1945, the court entered an order permanently enjoining the de- 
fendants from shipping in interstate commerce, adulterated cheese products 
made intheir Lima, Ohio, plant.
On July 25,1945, the defendants filed an application to vacate the injunction. 
The application was denied by the court on January 7,1946.