23428. Adulteration of cream. II. S. v. Thirteen 5-Gallon Cans and One 
10-Gallon Can of Cream. Decree of destruction. (F. & D. no. 33552. 
Sample no. 20533-B.)
On September 8, 1934, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of thirteen 5-gallon 
cans and one 10-gallon can of cream at Pittsburgh, Pa., alleging that the article 
had been shipped in interstate commerce, on or about September 6 and Sep- 
tember 7, 1934, in various lots by James Frazee, Friendsville, Md., B. D. 
White, Bruceton, W. Va.; Fay M. Tennant, Blacksville, W. Va.; Viola Eddy, 
Blacksville, W. Va.; S. W. Moore, Blacksville, W. Va.; F. O. Toothman, Blacks- 
ville, W. Va.; Newton Eddy, Blacksville, W. Va.; David Michael, Blacksville, 
W. Va.; G. E. Cox, Grafton, W. Va.; Fairmont Creamery Co., from Petersburg, 
W. Va.; Ned Shriner, Grafton, W. Va.; H. A. Snyder, Salem, W. Va.; Eulah 
W. Miller, Weston, W. Va.; J. J. Hardman, Reedsville, W. Va.; and charging 
adulteration in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or 
in part of a filthy, decomposed, or putrid animal substance.
On September 11, 1934, the product being spoiled and unfit for human con- 
sumption, and the consignee the Fairmont Creamery Co., Pittsburgh, Pa., 
having requested its immediate destruction, judgments were entered ordering 
that it be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.