5781. Hoxsey treatment for internal cancer. (Inj. No. 311.) Supplement to
D.D.N.J. No. 5202.
PETITION FILED: On 10-6-58, a petition for an order to show cause in criminal
contempt was filed in the Western District of Pennsylvania, against Hoxsey
Cancer Clinic, a corporation, Portage, Pa., and John J. Haluska, Samuel J.
Einhorn, John H. Benko, Harold F. Ga1braith, A. A. Nelson, and Harry A.
Stegman, incorporators, directors, and trustees of the clinic.
Dl:BPOSITION : On 10-30-58, the following supplemental consent decree was
entered:
MILLER, Di8triot Judge: "AND NOW, to wit, this 30th day of October, 1958, ( .
the United States of America having filed a petition for order to show cause ~
why the defendants should not be punished for criminal contempt of this
Court's · permanent injunction, which became effective November 1, 1957,
and the Court being convinced that the terms of this supplemental decree and
the provisions thereof are necessary ,to effectuate the operation of this Court's
orders and decrees, and the defendants having expressed to the Oourit a willingness
to dissolve the corporation and to wind up its business of delivering
medicine to persons at Portage, Pennsylvania, and having consented to this
supplemental consent decree ;
5781-5820] NOTICES OF JUDGMENT 165
"It is ORDERED, ADJUDGED AND DECREED that the defendants shall
dissolve the said corporation and on or before November 1, 1958 completely
discontinue the operation of the Hoxsey Cancer Clinic at Portage, Pennsylvania;
that the said defendants, and each of them, shall not after that date
reopen the said clinic under the name of the Hoxsey Cancer Clinic or any other
name for the treatment of any person or persons for cancer, and shall not
assign, lease or sell the said clinic to any other persons or organization except
with the approval of this court; that the decree entered October 2, 1957 shall
continue in full force and effect; that defendants' failure to comply with this
supplemental consent decree may be prosecuted as a criminal contempt, and
that upon defendants' failure to comply with this supplemental consent decree
the Court will immediately sign the order to show cause that is now pending
and shall schedule the case for an early trial.
"The Food and Drug Administration is directed to report to the Cou:l't, not
later than December 1, 1958, whether the defendants are in full compliance with
this decree."