n522. Action to enjoin and restrain the interstate shipment 'of. adulterated
cheese and cheese products •. U. S. v. Nelson Creamery Corp., Charles
Braveman, and Wilson & Co. Consent decree for injunction •. (Inj .
. No. 120.) ..
CoirPLA.INT FILED: On or about December 6, 1945, Northern District of New
York, against the Nelson Creamery Corp., Cazenovia, N. Y., Charles Braveman,
president, director, and sole owner of the capital stock of the corporation,
andresiding at Utica, N. Y., and Wilson & Co., a Delaware corporation,
·. with its principal plaee of business at Chicago, Ill., and trading and doing
busip.ess at Syracuse and Utica, N. Y.
NATURE OF CHARGE : That the defendants had been since on or about the month
of December 1944, actingthrough their officers, agents, servants, and em,
ployees, introducing into interstate. commerce, and .causing the introduction
and delivery for introduction into interstate commerce, of food and food
'pr~ducts, parti,cularly cheese and cheese products, which were adulterated
jvithin the meaning of8ections 402 (a) {3) and (4), in that they consisted .
. 111 whole or in . part_ .of filthy. substances -and had · been manufactured · from
milk unfit for food, and. i~ •that··they had ·been prepa,red, pp.~ed;· and)peld
.' u~nitdhe rf ilitnhs. anitary co. nd, iti.o ns whereby the. y. .m ay ha.v e bec.o me . c•o ntami.n ated
C.
The comp1'a1nt alleged further that irreparable injury may .result to' the
. pěblic unless the defendants are restrained and enjoined,. anc:l prayed tbe r·... ·.. - .
entry of a, preliminary and final injunction restraining the defendants . and ali ~
, persg~s,11cting in concert with them from the commission of thei acts .com-
. ,plained of. . .
17501,-17545] · .. NOTICES OF JUDGMENT. 247 .•
Dis:i>oSITION: On January 18, 1946; the d~fendants having co~sente!l •. thereto,
, a, deCl'e_e. was e:ětered enjoining the defendants, their agents, s~rv:ants, .employees;
and all persons in active concert with them from introduc~ng or
,delivering for introduction into interstate commerce adulterated cheese, cheese
product.s,. and any other products manufa.ctured, produce!}, or prepared at the
: • premises of. the.Nelson Creamery Corp .
. It was. ordered further that the Nelson Creamery Corp. take the necessary
steps· to , remedy the insanitary conditions . in its plant ·and make cei.·tain
specified repairs ; thoroughly clean the plant : and equipment; test milk as
frequently as necessary and reject all dirty n;i.ilk; make the plant as nearly
rodent proof as possible ; clean up the pond or marsh in. the vicinity of the
·sewer plant and render it ineffective as a breeding place for flies; stor~ no
decomposed or maggoty cheese on the premises ; inspect all .cheese from outside
sources when received; -and discard immediately any decomposed cheese.