Montana labor news., 1949-05-26
LEGAL NOTICES

In the United States District Court for
the District Of Montana. Butte DIVISION
No. 2u2. Ua.ted States OF America, Ii
belaUt. vs. "a cases each containing "a
cans article labeled in part Dawn Fresh
pieces and stems mushrooms net drained
VT. 4 o.. AVID" and II cases each con-
tanning y cans article labeled in part
Dawn Fresh fancy button mushrooms
net drained vi s OF AVID Lloelees. No
tlce OF Seizure. Notice is hereby given
that a libel OF information for condemn-
alton has been filed by the above named
Ilibe,ant In the above entitled Court ana
cause. That By order OF Court there mas
been seized on land at Butte. Montana,
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: "a cases each
containing "a cans Of an article labeled
in part Dawn Fresh pieces and stems
mushrooms net drained VT. 4 OF. AVID
and IL cases each containing IL cans OF
an article labeled in part Dawn Fresh
fancy button mushrooms net drained VT.
8 or. AVID That said libelant prays in
said libel Of information for coademna-
ton that the above described property
be condemned and forfeited to the United
States of America upon the following
grounds: This libel IS filed by the United
States of America and prays seizure and
condemnation of a certain article OF
food. as hereinafter set forth. In accord
ance with the Federal Food, Drug AID
Cosmetic Act Title q L S. c 30l ct
seq !. The Olympia Mushroom Farms,
olympia. Washington. shipped in inter-
state nj from Olympia. WASH
ing,on. via Consolidated Freightways.
and connections. ON or about April "a.
l949. articles of food consisting OF ~
cases each containing "a cans OF an
article labeled in part Dawn Fresh pieces
and stems mushrooms net drained VT
4 OF. AVID and IL cases each containing
IL cans of an article labeled ia part
Dawn Fresh fancy button mnshr ooms
net drained VT. 3 OF. AVID. together with
the contents OF each and all OF said eases
That the aforesaid articles were and arc
misbranded In interstate within
the meaning OF said Act. Title 81. 3i3
tei ~. In that 1t is food In package form
and fails TO bear n label containing nm
accurate statement of the quantity Of the
contents since the statements in the
labels mot drained VT. 4 OF, AVID and
net drained VT. 3 OF. AVID" are inaccu-
rate In that the actual content thereof
Is less than that stated and represented
by said labels. That the aforesaid articles
are in the possession OF Davidson Gro
cerv Company. Butte. Montana. and
within the jurisdiction of this Court.
That BY reason of the foregoing. the
aforesaid articles are held Illegally
within the Jurisdiction Of this Court. and
are liable to seizure and condemnation
pursuant to the provisions of said Act.
Title 2i, U. S, G. 334. Notice is further
given. that. by order OF Court. all libelees
herein named and all persons having or
claiming any interest in said property
and articles. which may be used as a
food. seized. or having anything to say
why the same should not be condemned
and forfeited. appear and file their re-
spective answers. claims and dcfenses to
such libel OF information for condemna-
tio.l. setting forth their interest in or
claims to said property libeled and articles
which NAV be used as a food, with the
Clerk Of the above named Court at Butte.
Montana. on or before the LIST day OF
July. i9+9. Dated this oath dav Of MAY
ls49. d A. BATCHOFF. United States
Marshal for the District Of Montana. r,
PAUL j ERLER. DEPUTY Marshal