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AERATED PRODUCTS CO. v. DEPARTMENT OF HEALTH OF N. J.

No. 9028.

159 F.2d 851 (1947)

AERATED PRODUCTS CO. OF PHILADELPHIA, PA. v. DEPARTMENT OF HEALTH OF NEW JERSEY et al.

Circuit Court of Appeals, Third Circuit.

Reargued January 21, 1947.

Decided February 14, 1947.

Attorney(s) appearing for the Case

Charles S. Barrett, Jr., of Newark, N. J. (Lum, Fairlie & Wachenfeld, of Newark, N. J., Crawford S. Reilley, of Detroit, Mich., on the brief), for appellant.

Joseph A. Murphy, Trenton, N. J. (Walter D. Van Riper, Atty. Gen., of N. J., on the brief), for appellees.

Before BIGGS, MARIS, GOODRICH, McLAUGHLIN, O'CONNELL and KALODNER, Circuit Judges.

O'CONNELL, Circuit Judge.

The Aerated Products Company of Philadelphia, Pennsylvania (hereinafter called "plaintiff"), a Pennsylvania corporation, operates in Philadelphia a plant which manufactures a patented product called Instantwhip.1 Packed in a small metal container, Instantwhip is used widely, throughout the United States, as a topping for sundaes, desserts, and the like.

Among plaintiff's customers was the Aerated Products...

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