22093. Canned tomatoes.   (F. D. C. No. 34512.   S. No. 55-537 L.) 
QUANTITY :    1,497 cases, 24 unlabeled No. 2 cans each, at Albion, N. Y. 
SHIPPED :   In 1951 or 1952, from Indiana.
LIBELED :   12-22-52; amended 5-8-53; W. Dist. N. Y.
CHARGE: 402(a)(3)—contained decomposed tomato material while held for 
sale.
DISPOSITION: The Orleans County Canning Co., a partnership, Albion, N. Y., 
claimant, filed an answer denying that the product was shipped in interstate 
commerce, or was adulterated, as alleged in the amended libel. The claimant 
and the Government served interrogatories upon each other, which were an- 
swered. A request for admissions also was served upon the claimant, but was 
not answered. Subsequently, the claimant withdrew his answer; and, on 
9-10-54, the claimant having consented to the entry of a decree, judgment of 
condemnation was entered and the court ordered that the product be released 
under bond for segregation of the unfit portion. Thereafter, 682 cases were 
segregated as unfit and were destroyed.