21591. Adulteration of dressed poultry.   IT. S. v. 3 Crates * * *.    (F. D. C No.
36425.    Sample No. 51945-L.)
LIBEL FILED :   On or about March 17,1954, District of New Jersey.
ALLEGED SHIPMENT : On or about February 16, 1954, by Caroline Poultry Farms- 
Inc, from Federalsburg, Md.
PRODUCT:   3 crates of dressed poultry at Newark:, N. J.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted. 
in whole or in part of a filthy substance by reason of the presence of birds 
which were contaminated with fecal matter and crop material, and it was- 
otherwise unfit for food by reason of the presence of extensively bruised 
birds; and, Section 402 (a) (5), the article was in whole or in part the product 
of a diseased animal.
DISPOSITION: Caroline Poultry Farms, Inc., filed an answer denying that the- 
poultry was contaminated with fecal matter and crop material or was unfit 
for food, or that there were extensively bruised birds contained in the ship- 
ment, but admitting that the poultry had been shipped as alleged in the libel 
and that it was diseased. In view of these admissions by the claimant, a. 
motion for summary judgment was submitted by the Government on the 
ground that there was no genuine issue as to any material fact precluding- 
judgment for the Government as a matter of law. The claimant failed to* 
file any answer to this motion; and, accordingly, on June 29, 1954, the court 
granted the motion and ordered that a portion of the product be delivered to 
the Food and Drug Administration and that the remainder be destroyed.