28784. Peanut butter, shelled peanuts, flour, raisins, egg noodles, candy bars, and
rolled oats (4 criminal cases).   (F.D.C. Nos. 46672, 47317, 47360, 47362.
S. Nos. 50-138 R, 67-244 R; 18-375/7 T, 18-483 T, 47-986/8 T; 18-715/6
T, 20-163 T; 18-308/9 T, 19-546/7 T, 19-550 T.)
N. Dist. Tex., against Kimbell Milling Co., t/a Kimbell Food Products Co.,
a corporation, Fort Worth, Tex., Kay Kimbell, president, C. Binkley Smith,
vice president, and Cecil T. Mathews, plant superintendent.
Sherman Division, Information No. 1302. On or about 8-10-62, E. Dist. Tex., 
against Kimbell Milling Co., a corporation, t/a Kimbell-Diamond Milling Co., 
Denton, Tex., Kay Kimbell, president, C. Binkley Smith, vice president, and 
Dewey C. Morrow, mill superintendent.
Pecos Division, Information No. 10389. 9-21-62, W. Dist. Tex., against 
H. O. Wooten Grocer Co., a corporation, Odessa, Tex., Kay Kimbell, president, 
A. L. Scott, vice president, and Charles G. Lethcoe, manager.
Sherman Division, Information No. 1304. 9-18-62, E. Dist. Tex., against 
Kimbell Diamond Co., a corporation, t/a Kimbell-Sherman Co., Sherman, Tex., 
Kay Kimbell, president, A. L. Scott, general manager, and Austin Presley, 
manager. 
ALLEGED VIOLATIONS: Fort Worth Division, Information No. 10302. Between 
12-9-60 and 12-19-60, while shelled peanuts were being held for sale after 
shipment in interstate commerce, the defendants caused the article to be 
placed in a building accessible to rodents and caused the article to be exposed 
to contamination by rodents, which acts resulted in the article being adulter- 
ated. In addition, on 3-25-61, the defendants caused a number of jars of pea- 
nut butter which were adulterated, to be shipped from Fort Worth, Tex., to 
Albuquerque, N. Mex.
Sherman Division, Information No. 1302. Between 10-27-61 and 11-15-61, 
the defendants caused a number of bags of Kimbell's Enriched Flour and 
Sunnyfleld Self-Rising Enriched Flour, which were adulterated, to be shipped 
from Denton, Tex., to Camden, Ark., Durant, Okla., and Shreveport, La.
Pecos Division, Information No. 10389. Between 12-5-60 and 11-16-61, 
while quantities of seedless raisins and egg noodles were being held for sale 
after shipment in interstate commerce, the defendants caused the articles 
to be placed in a building accessible to insects and caused the articles to be 
exposed to contamination by insects, which acts resulted in the articles being 
adulterated.
Sherman Division, Information No. 1304. Between 3-29-61 and 9-11-61, 
while quantities of candy bars, rolled oats, egg noodles, and flour were being 
held for sale after shipment in interstate commerce, the defendant caused 
the articles to be placed in a building that was accessible to insects and- 
caused the articles to be exposed to contamination by insects, which acts 
resulted in the articles being adulterated.
LABEL IN PART : (Jar) "Kimbell's Peanut Butter Net Wt. 1 lb. 8 ozs. Kimoell 
Food Products Co. Fort Worth, Texas"; (bag) "Sunnyfield Self-Rising 
Enriched Flour The Great Atlantic & Pacific Tea Co., Inc. New York, N.Y. 
Distributor"; and (bag) "Kimbell's Enriched Flour Kimbell-Diamond Mill- 
ing Co.   General Offices   Fort Worth, Texas."
CHARGE : Fort Worth Division, Information No. 10302, 402 (a) (3) —the shelled 
peanuts contained rodent urine; 402(a)(4)—the shelled peanuts were held 
under insanitary conditions; 402(a)(3)—the peanut butter contained rodent 
hairs; 402(a)(4)—peanut butter had been prepared and packed under in- 
sanitary conditions.
Sherman Division, Information No. 1302, 402(a) (3)—contained insects and 
rodent urine; 402(a) (4)—prepared and packed under insanitary conditions. 
Pecos Division, Information No. 10389, 402(a) (3)—contained live and dead 
insects; 402(a) (4)—held under insanitary conditions.
Sherman Division,  Information  No. 1304, 402 (a)(3) —contained insects; 
402(a) (4)—held under insanitary conditions. 
PLEA :   Nolo contendere.
DISPOSITION: The Pecos Division Information and the Sherman Division In- 
formations numbered 1302 and 1304, were transferred by consent to the 
Northern Dist. of Tex., and were filed there, on 10-15-62, as Informations 
numbered 10389, 10390, and 10391, respectively. On. 12-20-62, Kimbell Milling 
Co., t/a Kimbell Food Products Co., fined $1,000, Kay Kimbell fined $200, C. 
Binkley Smith fined $200, and C. T. Mathews fined $200; Kimbell Milling Co., 
t/a Kimbell-Diamond Milling Co., fined $3,500, Kay Kimbell fined $700, O. 
Binkley Smith fined $700, and Dewey C. Morrow fined $700; H. O. Wooten 
Grocer Co. fined $1,500, Kay Kimbell fined $300, A. L Scott fined $300, and 
C. G. Lethcoe fined $300; Kimbell Diamond Co., wa Kimbell-Sherman Co., 
fined $2,500, Kay Kimbell fined $500, A. L. Scott fined $500, and Austin 
Presley fined $500.
OILS AND FATS