17527. Action to enjoin and restrain the interstate shipment of adulterated 
cheese. U. S. v. Alfred Gunzenbeck and Albert Nef (Valley Queen 
Cheese Factory). Preliminary injunction granted; subsequently dis- 
solved.    (In. No. 83.)
COMPLAINT FILED : February 27,1945, District of South Dakota, against Alfred 
Gunzenbeck and Albert Nef, trading as Valley Queen Cheese Factory, Milbank, 
S. Dak.
NATURE OF CHARGE: That the defendants had been and were introducing and 
delivering for introduction into interstate commerce, at Milbank, S. Dak., 
cheese which was adulterated under Section 402 (a) (3), in that it consisted in 
whole or in part of a filthy substance; and, Section 402 (a) (4), in that it 
had been prepared, packed, and held under insanitary conditions whereby it 
may have become contaminated with filth.
The complaint alleged further as a basis for the charge under Section 402 
(a) (3), that examinations of various lots of the milk used by the defendants 
in the manufacture of cheese had showed the presence of various types of 
filth, such as houseflies, rodent hairs, moths, beetles, spiders, larvae, weevils, 
miscellaneous insect fragments, cow hairs, feather barbules, and various mis- 
cellaneous extraneous matter; and that examinations of cheese shipped in 
interstate commerce by the defendants showed that it was contaminated by 
insect fragments, straw fragments, larvae, mites, unidentified hairs, feather 
barbules, manure fragments, and miscellaneous dirt.
The complaint alleged further as a basis for the charge under Section 402 
(a) (4), that inspections of the plant showed that it was infested with mice, 
roaches, and flies.
The complaint alleged further that although the defendants had been re- 
peatedly advised by representatives of the Food and Drug Administration 
of the conditions disclosed by the inspections and had been requested and 
warned to bring about correction thereof, they had ignored such warnings. 
The complaint prayed that the defendants be permanently restrained from 
commission of the acts complained of, and that a preliminary injunction be 
granted during the pendency of the action.
DISPOSITION : On March 14, 1945, the petition for a preliminary injunction was 
heard before the court, and a decree was entered temporarily enjoining the 
defendants from introducing, or delivering for introduction, into interstate 
commerce any cheese which was adulterated as alleged in the complaint. On 
November 15, 1949, on motion of the defendants, the preliminary injunction 
was ordered dissolved and the aetion dismissed.