17539. Action to enjoin and restrain the interstate shipment of adulterated and 
misbranded oysters. U. S. v. Charles A. Neubert, Jr., and Milton B. 
Delcher, Jr. (W. H. Acree & Co.).   Preliminary injunction granted.
(In. No. 210.)
COMPLAINT FILED : February 16, 1949, District of Maryland, against Charles A. 
Neubert, Jr., and Milton B. Delcher, Jr., trading as W. H. Acree & Co., Balti- 
more, Md.
NATURE OF CHARGE: That the defendants had been and were at the time of 
filing the complaint engaged in the business of shucking, preparing, and packing 
fresh oysters; that during that time the defendants had been shipping in 
interstate commerce oysters which were adulterated within the meaning of 
Section 402 (b) (2), in that excess water had been substituted in part for 
oysters, and which were misbranded within the meaning of Section 403 (g) 
(1), in that they failed to conform to the definition and standard of identity 
for oysters selects and oysters standards since they were not thoroughly 
drained as required by the regulations; that despite warnings in December 
1948 and January 1949, the defendants had failed to correct their methods 
of operation and were continuously shucking, preparing, and shipping adul- 
terated and misbranded oysters in interstate commerce.
The complaint alleged further, on information and belief, that the defendants 
would continue to ship oysters in interstate commerce in violation of the law 
unless restrained from so doing, and prayed that they be perpetually en- 
joined from commission of such acts and that a preliminary injunction be 
granted during the pendency of the action.
DISPOSITION: On March 2, 1949, the defendants filed a motion for a more 
definite statement or bill of particulars and a petition for an extension of time 
to plead. The motion and petition were denied by the court. On March 21, 
1949, the Government's motion for a temporary injunction came on for hear- 
ing. After hearing testimony and argument of counsel for both parties, it was 
agreed between the parties in open court that the entry of a restraining order
would be an acceptable substitute for a temporary injunction-, pending trial 
on the merits.
On March 31, 1949, the defendants having filed answers denying the alle- 
gations of the complaint, but having stipulated and agreed that a preliminary 
injunction issue, without testimony being produced at the time or further 
findings of fact being made beyond those recited in the decree, the court ordered 
and decreed that the defendants and all their agents, servants, employees, and 
all persons in active concert or participation with them, be preliminarily en- 
joined from directly or indirectly introducing, or causing the introduction 
into interstate commerce, of oysters which were adulterated or misbranded 
as charged in the complaint.