23418. Shell eggs and frozen eggs.    (Inj. No. 86.)
COMPLAINT FOR INJUNCTION FILED: 3-5-45, N. Dist. "W. Va., against Bowser 
Sales & Trading Corp., Sistersville, W. Va., and William H. Bowser, principal 
stockholder and directive head of the corporation.
CHARGE: The complaint alleged that the defendants, at the time of filing the 
complaint, had been buying and storing shell eggs and had been breaking, 
packaging, and freezing whole eggs under insanitary and unhealthful condi- 
tions whereby the eggs were contaminated with filth; that the eggs consisted in 
part of a filthy and decomposed substance which was unfit for food and were 
adulterated within the meaning of 402 (a) (3) and (4) ; that the eggs were 
being prepared by the defendants at their Sistersville plant and were being 
stored at that plant and at a commercial cold storage plant at Parkersburg, 
W. Va.; and that the Government was informed and believed that the eggs 
were being prepared and stored for shipment in interstate commerce.
DISPOSITION : On 3-5-45, the court issued a temporary restraining order en- 
joining the defendants from shipping or offering for shipment in interstate 
commerce shell eggs and frozen eggs from their Sistersville plant and from
[P.N.J.
the Parkersburg cold storage plant until further order of the court. This order 
was modified on 3-10-45, so as not to restrain the defendants from shipping 
in interstate commerce shell eggs or frozen eggs which were not adulterated as 
alleged in the complaint. The defendants filed an answer, averring that the 
complaint failed to state a claim upon which relief could be granted and deny- 
ing that they had violated or were about to violate the Federal Food, Drug, 
and Cosmetic Act.
On 7-14-45, the Government having declined to proceed with the trial, the 
court dismissed the action with prejudice.