7013. Alleged adulteration of tomato cafssuss.    V. S.    *    *    *   v. COS Cases of
Tomato Catsnp. Tried to tlie cowrt. Jadg'ment for tlie Fraziev 
Packing    Co.,    claimant.     Product    susrendereil    to    the    claimant.
(F. & D. No. S845.    I. S. Nos. 10595-p, 10596-p.    S. No. C-832.)
On March 6, 1918, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 305 cases of tomato catsup, remaining unsold in tlie original 
unbroken packages at St. Louis, Mo., alleging that the article had been shipped 
on or about December 5, 3917, by the Frazier Packing Co., Elwood, Ind., and 
transported from the State of Indiana into the State of Missouri, and charging 
adulteration in violation of the Food and Drugs Act.
Adulteration of tlie article was alleged in the libel in that it consisted in 
part of a decomposed vegetable substance.
On February 21, 1919*, a demurrer filed by the Frazier Packing Co., as 
claimant, was overruled, and on the same day the same company joined issue 
by filing an answer. On February 22, 1919, the case having been tried before 
and submitted to the court, and the claimant, the Frazier Packing Co., having 
presented a motion for judgment in its favor, the court sustained the motion 
and ordered that the product be released by the United States marshal to the 
Frazier Packing Co.
E. D. BALL, Acting Secretary of Agriculture.