In a recent decision, a Massachusetts state court judge ruled that a burrito is not a sandwich. The Panera Bread Co., a national bakery and caf? chain with over 900 locations, operated a caf? in the White City Shopping Center in Shrewsbury, Mass. Panera had a clause in its lease that prevented the shopping center from renting to another sandwich shop. Qdoba Mexican Grill, owned by Jack in the Box, Inc., sought to open shop in the same shopping center and Panera invoked the non-compete clause in a bid to stop them. The dispute ended up in Massachusetts Superior Court where Judge Jeffrey Locke held that a burrito is not a sandwich. Judge Locke based his decision on Webster's Dictionary as well as testimony from experts who included a chef and a former federal agricultural official. Cambridge, Mass. chef Chris Schlesinger said in an affidavit that "I know of no chef or culinary historian who would call a burrito a sandwich. Indeed, the notion would be absurd to any credible chef or culinary historian." Panera argued for a broad definition of a sandwich. Panera argued that a flour tortilla is bread and that a food product with bread and a filling is a sandwich. Judge Locke disagreed. The difference came down to two slices of bread versus one tortilla. In his opinion, he wrote "A 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." Source: Houston Chronicle, www.chron.com/disp/story.mpl/ap/nation/4326115.html Ray