http://www.news.com.au/story/0,23599,20761575-38198,00.html
A US judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.
Panera Bread, a chain of bakery-cafe restaurants, had been trying to keep a competitor, Qdoba Mexican Grill, from opening a new restaurant in a shopping mall where Panera was already doing business.
In a lawsuit filed earlier this year, Panera cited an exclusivity clause in its lease agreement that prevented the shopping mall from renting space to any restaurant or bakery that derived more than 10 per cent of its sales from sandwiches.
The shopping mall's owner, White City Shopping Centre, countered that Qdoba wasn't in the business of selling sandwiches but rather burritos, tacos, nachos and enchiladas.
In deciding the case, Superior Court Judge Jeffrey Locke found the meat of his ruling in the dictionary definition of the word "sandwich".
Judge Locke said the New Webster Third International Dictionary's definition of sandwich - "two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savoury mixture) spread between them'' - indicated there was no reason to keep White City from renting to Qdoba.
"Under this definition and as dictated by common sense, this court finds that the term 'sandwich' is not commonly understood to include burritos, tacos, and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans,'' the judge said in an eight-page ruling.
Neither Panera nor Qdoba's corporate parent, Jack in the Box Inc, responded to requests seeking comment.
