21788. Adulteration of canned tomatoes.  U. S. v. 180 Cases   *   *   *.   (F. D. C.
No. 33923.    Sample No. 38866-L.) 
in whole or in part of a decomposed substance by reason of the presence of 
decomposed tomato material.
DISPOSITION : On December 15,1952, Lord-Mott Co., Inc., without filing a formal 
claim, submitted a letter to the court designated as an "answer" to the libel. 
The "answer" failed to deny the allegations of the libel, but instead set forth 
the same reasons for dismissing the libel that were contained in the 
"answer" filed in the libel action reported in the preceding notice of judgment, 
No. 21787.
The Government filed motions to have the court enter either a default judg- 
ment or a judgment on the pleadings. The Government filed also a motion 
to strike the "answer."
The matter came on for hearing before the court on June 3, 1953, at which 
time Lord-Mott Co., Inc., formally appeared as claimant to argue the defenses 
set forth in its "answer." At the conclusion of the argument, the court ruled 
in favor of the Government. On June 4, 1953, the court entered an order of 
condemnation on the basis that all material facts stated in the libel appeared 
to have been admitted by the claimant's answer and that no issue of fact 
remained.   The product subsequently was disposed of as animal feed.