16505. Action to enjoin and restrain the interstate shipment of flour and cereal
products. U. S. v. Alleghany Milling Co., Inc., and John E. Watts and 
Joseph E. Moricle. Preliminary injunction granted; subsequently dis- 
solved.    (Injunction No. 211.)
COMPLAINT FILED: April 15, 1949, Western District of Virginia, against Alle- 
ghany Milling Co., Inc., Covington, Va,, and John E. Watts, plant manager, and 
Joseph E. Moricle, head miller.
Va., flour and other cereal products which were adulterated in the following 
respects: Section 402 (a) (3), the products consisted in whole or in part of 
filthy substances, such as rodent excreta, rodent excreta pellet fragments, 
rodent hair fragments, adult insects, insect larvae, and insect fragments; and, 
Section 402 (a) (4), the products had been, and were still being, prepared and 
held under insanitary conditions whereby they may have become contaminated 
with filth. The complaint alleged further that the insanitary conditions in 
the defendants' plant consisted in, and resulted from, the presence of rodents, 
rodent excreta pellets and rodent excreta pellet fragments, rodent hairs, live 
insects and insect fragments, insect larvae, insect webbing, and nondescript 
dirt in and around machinery, equipment, and raw materials used for pre- 
paring and holding the food products, and also from inadequate equipment 
and general carelessness on the part of the defendants; that the defendants 
were aware that their activities violated the act; that the Alleghany Milling 
Co., Inc., had been convicted twice; that John E. Watts and Joseph E. Moriele 
had each been convicted once of violations of the act; that products shipped by 
the defendants' company had been seized and condemned; and that the de- 
fendants would continue to ship flour and cereal products in interstate com- 
merce unless enjoined from so doing.
PEATEE OP COMPLAINT : That the defendants be perpetually enjoined from com- 
mission of the acts complained of, and that a preliminary injunction be 
granted during the pendency of the action.
DISPOSITION : May 3,1949. The matter was heard before the court, and a pre- 
liminary injunction was entered enjoining the defendants from shipping in 
interstate commerce any flour or other cereal products which were adulterated. 
The preliminary injunction was extended at various times; and on July 13, 
1950, upon motion of the defendants, the preliminary injunction was dissolved.