10094. Action to enjoin and restrain the interstate shipment of candy. TJ. S. v. 
Neil M. Morgan, trading as the Morgan Candy Manufacturing Co., and 
Mrs. Neil M. Morgan, plant manager. Consent decree granting injunc- 
tion.    (Inj. No. 96.)
COMPLAINT FILED : May 12, 1945, Western District of North Carolina, against 
Neil M. Morgan, doing business as the Morgan Candy Manufacturing Co., at 
Hickory, N. C, and Mrs. Neil M. Morgan, plant manager.    The complaint
•See also No. 10198.
charged that on or before December 3, 1943, and until May 12,1945, the defend- 
ants had been and were manufacturing under insanitary conditions and shipping 
in interstate commerce candy which was adulterated and unfit for food. 
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the candy was adul- 
terated and unfit for food in that it consisted in whole or in part of a filthy 
substance by reason of the presence of rodent excreta and rodent hair frag- 
ments ; and, Section 402 (a) (4), it had been manufactured and prepared under' 
insanitary conditions whereby it may have become contaminated with filth, 
since the building in which the candy was manufactured was heavily infested 
with rodents.
PRAYER OF COMPLAINT : That the defendants be restrained and enjoined during 
the pendency of the action and permanently from shipping and causing to be 
shipped in interstate commerce adulterated candy which had been manufactured 
or would be manufactured in the future by the defendants.
DISPOSITION : On May 25, 1945, the hearing on the petition for preliminary in- 
junction was set ahead by stipulation entered into between counsel for the 
Government and the defendants. On June 4,1945, an answer was filed alleging 
that Neil M. Morgan was in the armed forces of the United States stationed in 
the South Pacific, and denying that the court had jurisdiction over him. On 
June 11,1945, Mrs. Neil M. Morgan, acting as plant manager and partner of the 
Morgan Candy Manufacturing Co., having consented to the entry of a decree, 
an injunction was granted restraining her and all representatives of the com- 
pany from shipping in interstate commerce adulterated candy which had been 
manufactured or would be manufactured in the future by the Morgan Candy 
Manufacturing Co.