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COFFEE-RICH, INC. v. COMMISSIONER OF PUBLIC HEALTH

348 Mass. 414 (1965)

204 N.E.2d 281

COFFEE-RICH, INC. vs. COMMISSIONER OF PUBLIC HEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 2, 1965.

Attorney(s) appearing for the Case

Francis J. Larkin & Elliot H. Levitas, of Georgia (Edward J. McCormack, Jr., & Ellis Arnall, of Georgia, with them), for the plaintiff.

David Berman, Assistant Attorney General (David Lee Turner, Assistant Attorney General, & Benjamin Gargill, Assistant Attorney General, with him), for the defendants.

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

SPIEGEL, J.

This is a bill in equity for a declaratory decree regarding the applicability of G.L.c. 94, § 187 (as amended through St. 1948, c. 598, § 2), and § 191, to Coffee-Rich, a liquid vegetable product manufactured and sold by the plaintiff; and, inter alia, to enjoin the defendants from enforcing these statutory provisions against the plaintiff. The case was presented upon a statement of agreed facts plus certain exhibits to the single justice...

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