134. Adulteration and Misbranding of niiddliugrs. U. S. v. 1.9 Sacks and 
20 Sacks of Middlings. Default decrees of condemnation, forfei- 
ture, and destruction. (F. & D. Nos. 21544, 21619. I. S. Nos, 13542-x, 
13543-x.    S. Nos. E-5941, B-5947.)
tjQ January 26 and February 1, 1927, respectively, the United States attorney
e Eastern District of North Carolina, acting upon reports by the Secre-
?&? Agriculture, filed in the District Court of the United States for said
,ct libels praying seizure and condemnation  of 39  sacks of middlings,
aiiring in the original unbroken packages in part at Wichard, N. C, and in 
at Snow Hill, N. C, alleging that the article had been shipped by the
W, Milling Co., from Richmond, Va., in various consignments, on or about 
#iber 16 and December 10 and 22, 1926, respectively, and transported from 
tate of Virginia into the State of North Carolina, and charging adulteration
^misbranding in violation of the food and drugs act.    A portion of the
article was labeled in part: " Middlings with ground recleaned Wheat Screen- 
ings not exceeding mill run." The remainder of the said article Was labeled 
in part: " Mayo's Bull Middlings with ground recleaned wheat Screenings not 
exceeding mill run   *   *   *   Mayo Milling Co., Inc. Distributors Richmond, Va.'*
It was alleged in the libels that the article was adulterated, in that a sub- 
stance, rye product, had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement " Middlings,"- 
borne on the label, was false and misleading and deceived and mislead the4 
purchaser, and for the further reason that the article was offered for sale* 
under the distinctive name of another article.
On May 24, 1927, no claimant having appeared for the property, judgment of1 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.