Montana labor news., 1944-08-24

In the District Court Of the United States,
District Of Montana, Butte Division. United
States Of America, Libelant vs.. 100 cases,
more or less. each containing "a Jars each OF
article labeled in part: cases, % Doz. Pts.
Jumbo Green olives; jars, "Visala Pride
Brand California Green Olives Spanish style
Drained Weight l0h o.. Libelee. Notice OF
Seizure Notice is hereby given that libel
of information for condemnation 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. 100 cases. more or less, each contain
ing "a Jars each Of article labeled IN part
cases, "2 Doz. Pts. Jumbo Green Olives; Jars,
"Visalia Pride Brand California Green olives
Spanish Style Drained Weight l0ia OF; That
said libelant prays in said libel Of informa-
tOn for condemnation that the above de-
scribed property be condemned and forfeited
to the United States Of America upon the
following grounds. That at all times herein
mentioned. the belant was, and now is
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. 1898 That on or
about the oath day Of July, 1874, the Regent
Canfood Company, Division Of Safeway Stores
Inc Oakland, California, shipped from oak
transported on land, by way of the Southern
Pacific Railroad and its connections, to Butte,
in the county of Silver Bow, in the state ana
district Of Montana, and within the Jurisdic-
tion 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 Oakland. California, to Butte, Montana,
as aforesaid and have always remained, since
said shipment in the same condition in which
they now are; that said articles OF food hav-
ing been so shipped and transported as aiore-
said, remain unsold and in original unbroken
packages and are now in the possession Of
the SafeWay Stores Inc, at Butte, Montana,
and within the jurisdiction Of this court, and
are liable to be proceeded against in the
above entitled court, and seized for contisca-
ton 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 mis-
branded within the meaning OF Section 343
(e) t2), Title 2i, u S. G. in that it is food
in package form and fails to bear label
obtaining an accurate statement Of the
quantity of its contents in that the label
upon each jar stating the drained weight OF
/ the contents is l0A ounces is false and IN
accurate in that the average drained weight
OF the said article is not in excess OF g64
ounces; that the said articles are further
misbranded within the meaning OF Title 2l,
u. S. c. Section 343, in that on each of the
Jars there is attached label stating that
the article has urameu WelguV OF 4Ui2
ounces whereas in truth and in fact the said
articles do not have such drained weight as
stated, but is short thereof and Of lesser
drained weight, all Of which is contrary to
the form, force and effect of the statute in
such case made and provided, and against
the peace and dignity of the United States Of
America: that no libel Of information for
condemnation has been instituted under the
Federal Food Drug and Cosmetic Act of June
25, 1898, for any alleged misbranding OF the
said article hereinbefore described in any
court of competent jurisdiction and that the
proceedings herein are the only proceedings
instituted and pending in said matter for the
alleged msbranding thereof and that the
source Of the libelant's information is an off
cial communication by telegram received from
the United States Department Of Agriculture
Office OF the Federal Security Agency Wash
ington, D. c., under date of August IA, 1874,
signed by P. d. Cronin General Counsel.
Notice is further given that by order Of Court,
all libelees hereing named and all persons
having or claiming any interest In said prop
erty and articles, which may be used as a
food, seized or having anything TO say why
the same should not be condemned and for
feited, appear and file their respective an
swers claims and defenses to such libel Of
information for condemnation, setting forth
their interest in or claims to said property
libeed and articles which may be used as a
food with the Clerk of the above named
Court at Butte, Montana, on or before the
18th day of September 1914. Dated this II
day Of August 1914. George A. Wright,
United States Marshal, District Of Montana.