13640. Adulteration of prunes. U. S. v. 361 Boxes * * * (and 3 other seizure actions). Cases consolidated and tried to the jury. Verdict for Gov- ernment. Decree of condemnation and destruction. (F. D. C. Nos. 19965, 20042, 20235, 20390. Sample Nos. 58199-H, 58633-H, 58634-H.) LIBELS FILED : May 27 and 28, June 10, and July 18, 1946, Southern District of New York, District of Maine, Northern District of New York, and Western District of Washington. ALLEGED SHIPMENT : On or about February 16 and March 9, 1946, by Rosenberg Bros. & Co., from Riddle and Portland, Oreg. PRODUCT: Prunes. 361 boxes at New York, N. Y., 475 boxes at Portland, Maine, 770 boxes at Albany, N. Y., and 177 cases at Seattle, Wash. Each box and case contained 25 pounds. LABEL, m PART: "Northland Brand [or "Red Ribbon Brand"] * * * Dried Oregon Prunes." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance by reason of the presence of prunes affected with brown rot. DISPOSITION : Rosenberg Bros. & Co., claimant, having filed a motion for con- solidation and transfer of the cases, the United States District Court for the Western District of Washington, on November 15, 1946, entered an order direct- big the consolidation and transfer of the cases to the District of Oregon for trial. On June 4, 1947, the United States District Court for the District of Oregon dismissed the cases from that court and directed that the records in each case be forwarded to the court in which the cases had originated. On August 26, 1947, pursuant to agreement of the parties, the United States District Court for the Western District of Washington entered an order con- solidating the cases for trial in that district. The matter came on for trial be- fore a jury on April 13, 1948, and at the conclusion of the trial on April 14, the jury returned a verdict in favor of the Government. On May 10, 1948, judg- ment of condemnation was entered and the product was ordered destroyed.