13347. Adulteration    of   canned,   red,   soar,   pitted   cherries.     JJ.   S.   v.   225
Cases of Red, Sour, Pitted Cherries.     Decree of condemnation and 
forfeiture.    Product released under bond.     (P. & D. No. 19083.    I. S. 
No. 8992-v.    S. No. C-4037.)
On''October 23, 1924, the United States attorney for the Eastern District of 
Kentucky, 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 225 cases of red, sour, pitted cherries, remain- 
ing in the original packages at Lexington, Ky., consigned by Lyndonville 
Canning Co., on ox about August 15, 1924, alleging that the article had been 
shipped from Lyndonville, N. Y., and transported from the State of New 
York into the State of Kentucky, and charging adulteration in violation of 
the food and drugs act. The article was labeled in part: (Can) "Lyndon- 
ville Brand Bed Sour Pitted Cherries * * * Lyndonville Canning Com- 
pany, Inc.    Lyndonville, N. Y."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part of a filthy, decomposed, ? or putrid vegetable sub- 
stance.
On May 9, 1925, the Lyndonville Canning Co., Inc., Lyndonville, N. Y., 
having appeared as claimant for the property, 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 not be sold or disposed of until 
separated, repacked, and recanned.
K. W. DUNLAP,  Acting Secretary  of Agriculture.