15776.?Adulteration of canned cherries.     U. S. v. 30 Cases of Canned Cher?
ries. Default decree of condemnation, forfeiture, and destruc??
tion.     (F. & D. No. 22464.    I. S. No. 16368-x.     S. No. 573.)
On February 16, 1928, the United States attorney for the Middle 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 seizure and?
condemnation of 30 cases of canned cherries, remaining in the original un??
broken packages at Wilkesbarre, Pa., alleging that the articles had been shipped?
by H. C. Hemingway & Co., from Lockport, N. Y., on or about December 2,
1927,?and had been transported from the State of New York into the State of?
Pennsylvania, and charging adulteration in violation of the food and drugs?
act. The article was labeled in part: " Schuyler Brand Pitted Cherries * * *?
H. C. Hemingway & Co. Distributors, Syracuse, N. Y."
It was alleged in the libel that the article was adulterated in that it consisted?
in whole or in part of a filthy, decomposed, and putrid vegetable substance, to?
wit, wormy cherries.
On May 22, 1928, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.