HERCULES POWDER CO. v. COMMISSIONER OF PUBLIC HEALTH


325 Mass. 599 (1950)

91 N.E.2d 662

HERCULES POWDER COMPANY vs. COMMISSIONER OF PUBLIC HEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1950.


Attorney(s) appearing for the Case

F.E. Kelly, Attorney General, & J.J. Bacigalupo, Assistant Attorney General, for the defendant, submitted a brief.

J.P. Rooney, (H.F. Rice with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & COUNIHAN, JJ.


LUMMUS, J.

This is a bill in equity for declaratory relief under G.L. (Ter. Ed.) c. 231A, inserted by St. 1945, c. 582, § 1. The bill alleges that a controversy has arisen between the plaintiff and the defendant, as to whether the cellulose gum manufactured by the plaintiff and known as CMC, is a vegetable gum within the meaning of G.L. (Ter. Ed.) c. 94, § 65G, inserted by St. 1934, c. 373, § 1. That section provides that frozen custard, ice cream,...

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