On December 23, 1924, the United States attorney for the Western District of Pennsylvania, 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 300 cases of canned cherries, at Pittsburgh, Pa., alleging that the article had been shipped by S. E. Comstock & Co., from Wayneport. N. Y., on or about September 10, 1924, and transported from the State of New York into the State of Pennsylvania, and charging adultera- tion in violation of the food and drugs act. The article was labeled in part: " Red Sour Pitted Cherries." Adulteration of the article was alleged in the libel for the reason that it con- sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance. On February 3, 1925, the Egypt Canning Co., Fairport, N. Y., having ap- peared as claimant for the property and having prayed leave to file a bond for the release of the product, an order of the court was entered, providing that the said product be released to the claimant upon payment of the costs of the proceedings and the execution of a bond in the sum of $1,100, conditioned in part that it not be disposed of in violation of law and that a representative of this department examine the portion of the product set aside as good before its distribution. C. F. MARVIN, Acting Secretary of Agriculture.