23078. Tomato  catsup, tomato  puree, and tomato juice (4 seizure actions).
(F. D. C. Nos. 34168, 34429,34431,34613.    S. Nos. 44-510 L, 44-830 L, 44- 
997 L, 45-000/3 L.)
QUANTITY : 199 cases, 24 14-oz. btls. each, of tomato catsup at Brockton, Mass.; 
280 cases, 6 No. 10 unlabeled cans each, of tomato puree at Charlestown, Mass.; 
59 cases; 24 14-oz. btls. each, of tomato catsup, 56 cases, 6 6-lb., 8-oz. cans 
each, of tomato puree, and 43 cases, 6 3-qt. cans each, of tomato juice at Bos- 
ton, Mass.; and 263 cases, 24 14-oz. btls, each, of tomato catsup at Hart- 
ford, Conn,
SHIPPED : Between 10-17-52 and 11-4-52, from Albion and Barre Center, N. Y., 
by Orleans County Canning Co.
LABEL IN PART: (Btl.) "Dale Brand Tomato Catsup," "Carver Tomato Cat- 
sup," or "Oak Hill * * * Food Products Tomato Catsup"; (can) "Stuart 
Tomato Puree" or "Carver   Tomato Juice."
LIBELED: 11-21-52 and 12-12-52 (2 libels filed) Dist. Mass. and 1-16-53, Dist, 
Conn.
CHARGE:   402(a) (3)—contained decomposed tomato material when shipped.
DISPOSITION : Wallace W. Dale and Austin J. Dale, partners, wa Orleans County 
Canning Co., Albion, N. T., appeared as claimant in all four cases and filed 
answers denying that the products were adulterated as alleged. Thereafter, 
the Government served interrogatories upon the claimant in each of the cases, 
which interrogatories were answered.
On 3-9-54, pursuant to stipulation of the parties, the United States District 
Court for the District of Massachusetts entered an order consolidating the 
cases and removing them for trial in the United States District Court for the 
Northern District of New York. Thereafter, the claimant served interroga- 
tories upon the Government which were answered. Subsequently, the claim- 
ant withdrew its answers and consented to the entry of a decree in each of the 
four cases. On 3-7-56, the court entered orders condemning the products and 
ordering that they be destroyed.