Aerated Products Co. of Philadelphia v. Department of Health of New Jersey

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 Instant-whip.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 Company of Newark (hereinafter called “Newark-Aerated”), an independent corporation which purchased plaintiff’s product and resold it in smaller quantities to…