6907. Alleged Adulteration of dried -whole eggs.   TJ. S. v. 4 Barrels and 103 Bar¬
rels of Dried Whole Eggs. Tried to the court. Judgment of dismissal 
entered; affirmed on appeal. (F. D. C. Nos. 8713, 9162. Sample Nos. 4097-F 
to 4100-F, incl., 32742-F.)
LIBELS FILED: December 29, 1942, and January 23, 1943, Southern District 
of Indiana.
PRODUCT: 107 175-pound barrels- of dried whole eggs at Indianapolis, Ind., 
alleged to have been introduced into interstate commerce as the result of the 
following transaction: On or about March 31, 1942, the Mid-State Frozen Egg 
Corporation, Indianapolis, Ind., as vendor, contracted with the Federal Surplus 
Commodities Corporation for the Lend-Lease export sale of 406 175-pound 
barrels of dried whole eggs. Pursuant to the terms of the contracts, the "vendor 
segregated and identified the eggs in the barrels for shipment, and submitted 
representative samples thereof to the vendee for analysis. The 107 barrels of 
eggs referred to above were rejected, and the remainder of the barrels were 
delivered for shipment.
VIOLATION CHARGED. Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a decomposed substance.
DISPOSITION: On June 26, 1943, the Mid-State Frozen Egg Corporation having 
filed its claim and answer denying that the article had been introduced into 
interstate commerce, and the cases having been consolidated, the court handed 
down findings of fact and conclusions of law to the effect that the article had not 
been introduced into interstate commerce, nor was it in interstate commerce, 
either at the time of seizure or at any time prior or subsequent thereto. On 
the same day, judgments were entered ordering that the cases be dismissed for 
want of jurisdiction. Thereafter, the Government perfected an appeal to the 
United States Circuit Court of Appeals for the Seventh Circuit, and on March 
15, 1944, a decision was handed down by that court, affirming the decision of the 
district court on the ground that no substantial differences of fact appeared in 
the records of the instant cases and the case of U.S. v. 7 Barrels of Dried Whole 
Eggs (Food Notice of Judgment No. 5677), and that the decision in the latter 
case was controlling in the instant cases.