19693. Adulteration of hot cherry peppers.  U. S. v. 11 Cases * * *.  Tried to the
court.   Verdict for the Government.   Decree of condemnation and de- 
struction.   (F. D. C. No. 32152.   Sample No. 23764-L.) 
LIBEL FILED :   November 19,1951, District of Connecticut.
ALLEGED SHIPMENT : On or about August 16,1951, by G. Capaldi & Son, Inc., from 
Watertown, Mass.
PRODUCT: 11 cases, each containing 12 1-quart jars, of hot cherry peppers at 
New Britain, Conn.
LABEL IN PART;    (Jar)    "Naples Brand   *   *   *   Hot Cherry Peppers." 
NATURE OF CHARGE:   Adulteration, Section 402 (a)  (3), the article consisted in*
whole of in part of a filthy substance by reason of the presence of maggots. 
DISPOSITION :   G. Capaldi & Son, Inc., appeared as claimant and filed an answer- 
denying that the product was adulterated.   Thereafter, a set of interrogatories 
was filed by the Government on November 20,1952, with the request that they
be answered by the claimant. Answers to the interrogatories were filed, and 
on January 9,1953, the case came on for trial before the court without a jury. 
At the conclusion of the trial, the case was taken under advisement by the 
court, and on January 22, 1953, the court handed down its findings of fact 
and conclusions of law in favor of the Government. On February 3, 1953, the 
court entered a decree of condemnation and ordered that the product be 
destroyed.