3300. Adulteration of canned salmon.    IT. S. v. 424 Cases of Canned Salmon.   Con¬
sent decree of condemnation and destruction.     (F. D. C. Nos. 4261 to 4264, 
incl.    Sample Nos. 60715-B to 60717-B, incl., 60720-B to 60722-E, incl.)
Samples of this product were found to be decomposed.
On April 8,1941, the United States attorney for the Western District of Wash- 
ington filed a libel against 424 cases, each containing 48 cans, of salmon at Seattle, 
Wash., alleging that the article had been shipped in interstate commerce on or 
about September 22, 1940, by Morris Muskatell from Port Althorp, Alaska; and 
charging that it was adulterated in that it consisted in whole or in part of a 
decomposed substance. Portions of the article were labeled in part: (Cans) 
"M and J Brand Salmon" or "Nico Brand Alaska Pink Salmon." The remainder 
was unlabeled. 
On August 4, 1941, Morris Muskatell, claimant, filed an answer admitting the 
allegations of the libel and requesting permission to segregate and recondition 
the product. The United States attorney, having appeared in opposition, the 
court after hearing the evidence found that the product was a part of a shipment 
of salmon that the Government had formerly attempted to seize but had been 
prevented by the claimant's hiding and secreting it and that, because of such 
attempt, the request of the claimant for release of the goods should be denied. 
Judgment of condemnation and destruction was thereupon entered.
On August 5,1941, the court granted a stay of execution and on August 19,1941,
granted the claimant and the Government permission to take further samples 
and directed the marshal to carry out the order of destruction.