HolyCoast: One Man's Burrito is Another Man's Sandwich
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Saturday, November 11, 2006

One Man's Burrito is Another Man's Sandwich

It's a good thing we have judges to figure this kind of stuff out:
WORCESTER, Mass. — Is a burrito a sandwich?

The Panera Bread Co. bakery-and-cafe chain says yes. But a judge said no, ruling against Panera in its bid to prevent a Mexican restaurant from moving into the same shopping mall.

Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.

But Superior Court Judge Jeffrey Locke cited Webster's Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches.

The difference, the judge ruled, comes down to two slices of bread versus one tortilla.
You can tell this judge was a conservative because he didn't try to make the burritos into something they clearly weren't.

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