Montana labor news., 1944-01-06

In the District Court Of the United States.
District of Montana, Butte Division. United
States of America, Libelant, VS.. u cubes,
more or less. of Butter, labeled on each cube
Butte, Mont, Libelees. Notice is hereby
given that a libel Of information for condem-
nation has been filed by the above named
libelant in the above entitled court and cause;
That by order Of Court there has been seized
on land at Butte, in the County of Silver
Bow, and within the state and district Of
Montana, the following described articles
which may be used as food, tO-wit: u cubes.
more or less, Of Butter, labeled on each cube
300 / 70 Mid-Central Produce Co.,
Butte, Mont That said libelant prays in
said libel Of information for condemnation
that the above described property be con-
demned and forfeited to the United States Of
America upon the following grounds: That
at all times herein mentioned. the libelant
was, and now is a sovereign power; and that
the above entitled court has jurisdiction for
the reason that the United States is the party
libelant and said cause is brought under the
Federal Food, Drug and Cosmetic Act of the
United states OF America, dated June 25.
1888. That on or about the tst day of No
vember, 1913, the Sheridan Creamery Co. Of
Sheridan, Wyoming, shipped from Sheridan.
Wyoming, in interstate commerce and trans
ported on land. by way of the Consolidated
Freightways, to Butte, Montana, in the county
of Silver Bow, In the state and district of
Montana, and within the jurisdiction Of this
Court, the above described articles, which may
be used as a food that said articles Of food
are now in the same condition in which they
were when shipped from Sheridan, wyoming.
to Butte, Montana, as aforesaid, and has
always remained. since said shipment. in the
same condition in which they are now; that
said articles of food. having been 10 shipped
and transported as aforesaid, remains unsold
and in original unbroken packages and are
now in the possession Of the Butte Ware
house & Cold Storage Co, at Butte, Montana.
and within the jurisdiction Of this court, but
held for the aceO0ut of the Mid-Central Pro-
duce Co., Butte, Montana, and are liable to
gbe proceeded against in the above entitled
court. and seized for confiscatiOn by process
of libel of information for condemnation;
that said articles of food are intended for
sale in the state and district Of Montana;
that said articles of food are adulterated
within the meaning of Section 342(bl (2J
Title p. u. S. c., and Section 402tbl o. of
the Food Drug and Cosmetic Act, in that a
product containing less than 800, by weight
Of milk fat has been substituted for butter,
o product which should contain not less than
80fe by weight Of milk fat as provided by the
Act of March 4. 1923; all of which is con-
trary TO the form force and effect of the
statute I'm such case made and provided, and
against the peace and dignity of the United
States OF America. that no libel of informa-
ton for condemnation has been instituted
under the Federal Food, Drug and Cosmetic
Act of June 25. 1888 for any alleged adulter-
alton OF the said articles herelnDefOre de
scribed in any court OF competent |j1risdic-
ton and that the proceedings herein are the
only proceedings instituted and pending in
said matter for t- alleged adulteration
thereof; and that the source of the libelaat
information is an official communication by
letter received from the Food and Drug Ad.
ministration. Federal Security Agency, under
date Of December %, 1913, signed by Kenneth
F., Monfore, Acting Chief, Seattle Station
NOTICE is FURTHER GIVEN, that, by order
Of Court, all libelees herein named and all
persons having or claiming any interest ia
said property and articles, which may be
used as 8 food, seized, or having anything
TO say why the same should not be con-
demned and forfeited, appear and file theil
respective answers, claims and defenses tC
such libel Of information for condemnation
setting forth their interest in or claims tC
said property libeled and articles which may
be used as a food, with the Clerk Of the
above named Court at Butte, Montana, OF
or before the 29th day Of January, 1914
Dated this 4th day Of January, 1914. E
Iceberg, United States Marshal for the Dis
trict OF Montana By PAUL j. ERLER, Deputy
Marshal.
First Publication January 6, l944-1T