11433.?Adulteration   of   canned   cherries.    U.   S.   v.   1,000  Cases   of   Canned
Cherries. Consent decree of condemnation and forfeitnre. Prod-?
net released nnder bond. (P. & D. No. 16803. I. S. No. 3765-v. S. No.?
C-3799.)
On September 6, 1922, the United States attorney for the Northern District?
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 1,000 cases of canned cherries, remaining unsold in the?
original unbroken packages at Chicago, alleging that the article had been?
shipped by Mikesett [Mikesell] & Co., from Traverse City, Mich., August 14,?
1922, and transported from the State of Michigan into the State of Illinois,?
and charging adulteration in violation of the E\)od and Drugs Act. The article?
was labeled in part: " Barco Brand   *    *    *    Red Pitted Cherries."
Adulteration of the article was alleged in the libel for the reason that it?
consisted in part of a filthy, decomposed, and putrid vegetable substance.
On April 4, 1923, Mikesell & Co., Traverse City, Mich., claimant, having?
admitted the allegations of the libel and consented to the entry of a decree,?
judgment of condemnation and forfeiture was entered, and it was ordered by?
the court that the product be released to the said claimant upon payment of?
the costs of the proceedings and the execution of a bond in the sum of $1,000,?
in conformity with section 10 of the act, conditioned in part that it be sorted,?
the bad portion destroyed and the good portion released to the said claimant,
C. F. MARVIN, Acting Secretary of Agriculture.