13252. Action to enjoin and restrain the interstate shipment of butter. U. S. v. 
Harold H. Sherwood and Everett H. Burley (Randolph Creamery). Con- 
sent decree granting injunction.    (Inc. No. 155.)
Sherwood and Everett H. Burley, trading as the Randolph Creamery, a part- 
nership, Randolph, Nebr.
NATURE OF CHARGE: That the defendants were engaged in the business of 
processing cream in the manufacture of butter, buttermilk, and ice cream. 
Approximately 90 percent of the butter was shipped in interstate commerce. 
On November 16, 1945, an inspection of the defendants' plant at Randolph, 
Nebr., revealed that practically all of the cream received at the plant was 
dirty and filthy by reason of the presence of insect, rodent, and other filth; 
that the incoming cream was used in the manufacture of butter without first 
screening or filtering it; and that the plant did not use a recording thermometer 
in attempting to pasteurize the cream, and the cream was not being com- 
pletely pasteurized. The plant was found to be manufacturing the products 
under filthy conditions, in that the floor was covered with dirt, trash, dead 
insects, and roach and rodent excreta, and a large number of roaches and flies 
were noted in the cream receiving room and on the cream vats.
Sampling of interstate shipments of the butter showed that it was adulterated 
as follows: Section 402 (a) (3), it consisted in whole or in part of a filthy 
substance by reason of contamination with insects, insect fragments, rodent 
hair fragments, and other foreign matter; and, Section 402 (a) (4), it had 
been manufactured under insanitary conditions whereby it may have become 
contaminated with filth.
A reinspection of the plant on August 1, 1946, disclosed no improvement in 
plant conditions. All cream received was being used in the manufacture of 
butter, without grading or rejecting any of it because of its filthy condition. 
Samples of cream were found to contain flies, nondescript dirt, and rodent hair 
fragments.
The complaint alleged further that the filthy conditions disclosed by inspec- 
tions had been called to the attention of the defendants, but that they con- 
tinued and would continue the acts complained of unless restrained. 
PRAYER OF COMPLAINT: That a preliminary injunction issue restraining the 
defendants from the commission of the acts complained of, and that, after 
due proceedings, the preliminary injunction be made permanent. 
DISPOSITION : November 5, 1947. The defendants having consented to the entry 
of a decree, the court issued an order perpetually restraining and enjoining 
the defendants from shipping butter in interstate commerce which was adulter- 
ated in that it consisted in part of a filthy substance and had been prepared 
under insanitary conditions whereby it had become contaminated with filth.