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AERATION PROCESSES, INC. v. COMMISSIONER OF PUB. HLTH.

346 Mass. 546 (1963)

194 N.E.2d 838

AERATION PROCESSES, INC. & another vs. COMMISSIONER OF PUBLIC HEALTH & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 6, 1963.

Attorney(s) appearing for the Case

David L. Turner, Assistant Attorney General, for the defendants.

John N. Kelly (Howard F. Ryan with him) for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

This bill of complaint seeks a declaration as to the applicability of G.L.c. 94, § 187, as amended through St. 1948, c. 598, § 2,1 to Instantblend, a vegetable product resembling cream and served and used with coffee at public, or employer maintained, eating places.

The plaintiffs are Aeration Processes, Inc. (Aeration), an Ohio corporation which owns the formula...

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