10007. Action to enjoin and restrain the manufacture in the District of Columbia 
and the shipment in interstate commerce of adulterated bakery products. 
U. S. v. James G. Maselas, trading as the Washington Doughnut Co. 
Tried to the court.   Injunction granted.     (Inc. No. 89.)
COMPLAINT FILED: On or about March 14, 1945, District of Columbia, against 
James G. Maselas, trading as the Washington Doughnut Co., at Washington, 
D. C. The complaint charged that from on or about March 24, 1944, the 
defendant had been and would continue manufacturing bakery products under 
insanitary conditions, whereby the products became, and were, adulterated; 
and that the defendant had been and would continue introducing and delivering 
such products into interstate commerce.
in whole or in part of filthy substances; and, Section 402 (a) (4), the products 
had been and were being prepared, packed, and held under insanitary conditions 
whereby they were contaminated with filth.
PEAYEB OF COMPLAINT: That the defendant be restrained and enjoined during 
the pendency of the action and permanently, from manufacturing and from 
shipping in interstate commerce foods which were adulterated within the 
meaning of the above-mentioned sections of the law.
DISPOSITION: On March 14, 1945, a temporary restraining order was issued 
against the defendant. Thereafter, consideration was given to the question of 
granting a preliminary injunction, and, in connection therewith, the court, on 
March 22, 1945, handed down the following findings of fact and conclusions 
of law:
MATTHEW F. MCGTJIBE, District Judge: "On the allegations in the Complaint 
for Injunction which are supported by the facts set forth in the affidavits 
attached thereto, I find the following facts:
"1. The defendants have been and at the time the temporary restraining 
order in this cause was served on them, were engaged in the manufacture, 
production, and distribution of various and sundry bakery products in and 
from 1125 Seventh St., N. W., Washington, D. C.
"2. The portion of the premises in which said operation has been conducted 
consist of the entire first floor, basement, and second floor in rear of premises. 
Portions of said premises, including the wall coverings, ceilings, and flooring on 
the first floor have been infested with vermin, rats, and various and sundry 
putrid substances. The rear portion of the premises contained openings which 
are not adequately sealed to prevent rodent entrance into the plant. Other 
portion of the premises are in such extreme state of disrepair and disintegra- 
tion as to afford openings for vermin to make entrances and create unsanitary 
conditions.
"3. The defendants have been and at the time the temporary restraining 
order in this action was served on them,, were manufacturing within the 
District of Columbia food that consisted in whole or in part of filthy substances.
"4. The defendants have been and at the time of the temporary restraining 
order in this action was served on them, were manufacturing within the District 
of Columbia food that is prepared, packed or held under insanitary conditions 
whereby it may have become contaminated with filth.
"5. The defendants have been, and at the time of the temporary restraining 
order in this action was served on them, were introducing or delivering for 
introduction into interstate commerce food that consists in whole or in part 
of filthy or putrid substances.
"6. The defendants have been, and at the time the temporary restraining 
order in this action was served on them, were introducing or delivering for 
introduction into interstate commerce food that has been prepared, packed, or 
held under insanitary conditions whereby it may become contaminated 
with filth.
"Upon the foregoing facts the following conclusions of law are stated:
"1. The defendants have been and at the time the temporary restraining 
order in this action was served on them, were manufacturing within the District 
of Columbia in violation of 21 U. S. C. 331 (g) food that is adulterated within 
the meaning of 21 U. S. C. 342 (a) (3) and (4).
"2. The defendants have been and at the time the temporary restraining 
order in this action was served on them, were introducing or delivering for 
introduction into interstate commerce in violation of 21 U. S. C. 331 (a) food 
that is adulterated within the meaning of 21 U. S. C. 342 (a)  (3) and (4)."
On March 22, 1946, a preliminary injunction was issued against the de- 
fendant, to be effective until the final hearing of the case. Subsequently the 
defendant filed an answer denying that it was in the public interest to issue a 
permanent injunction. A motion for summary judgment was subsequently 
filed by the Government's attorney, and on May 14, 1946, the motion was 
? granted, and an order was entered permanently enjoining the defendant from 
manufacturing and introducing and delivering for introduction into commerce 
in the District of Columbia any food that consisted in whole or in part of filthy 
or putrid substances or that had been prepared, packed, or held under insanitary 
conditions whereby it may have become contaminated with filth.