28656; Apple juke.   (F.D.C. No. 42967.   S. No. 42-674 Pv)    Q- 
UANTITY:   153 cases, each containing 12 cans, at Billings, Mont. '¦¦';"¦- 
SHIPPED:. 2^7-59, from Selah, Wash., by Charbonneau Packing Corp.   '
LABEL IN PART: (Can)"Charbqnrieau Tree Copeland Apple, juice, Charbbn- 
neau Packing Corporation, Yakima and Wenatchee, Washington."
LIBELED*   4-7-59, Dist. Mont.
CHARGE.: '402(a) <3)—consisted .in whole or in part of a filthy and decomposed
\ substance by reason of the use in its manufacture of wormy and rotten apples.
DISPOSITION :   On 5-1-59, a default decree was entered condemning the article 
r and ordering its destruction.   On 5-6-59, the packer moved to set aside the 
default decree, and to consolidate the action for trial with a case then pend- 
ing in the District of Idaho.   The default decree was stayed on 5-€h59j aiid 
-set;aside on 7-16-59.   On 8-6-59, the,Government and claimant stipulated^and 
it was so ordered by the court that the claimant would withdraw its appear- 
- under and its motion to consolidate the cases.    The article ,was destroyed.