17985. Adulteration of tomato paste.   U. S. v. 300 Cases    *    *    *.     Tried to
the court.   Decision for the Government.   Decree of condemnation.
(F. D. G. No. 31460.   Sample Nos. 29608-L, 29607-L.) 
LIBEL FILED :   August 10, 1951, Western District of Washington. 
ALLEGED SHIPMENT :    On or about May 21, 1951, from New York, N. Y. 
PRODUCT:   300 cases, each containing 10 cans, of tomato paste at Tacoma, Wash.
in whole or in part of a decomposed substance by reason of the presence of 
decomposed tomato material. The article was examined while it was held 
for sale after shipment in interstate commerce and was found to be adulterated.
DISPOSITION : Nalley's Inc., Tacoma, Wash., claimant, filed an answer admitting 
the interstate shipment but alleging that it was without knowledge or in- 
formation sufficient to form a belief as to whether the product was adulterated, 
and denying that the product was subject to seizure and condemnation.
The case came on for trial before the court without a jury on November 14, 
1951. At the conclusion of the trial, during which evidence was offered by 
the Government and no evidence was offered by the claimant, the court, on 
November 16, 1951, handed down its findings of fact and conclusions of law 
in favor of the Government. On the same date, the court entered a decree of 
condemnation and destruction. The product subsequently was delivered to 
a Federal penitentiary, for use as animal feed.