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PURETEST ICE CREAM, INC. v. KRAFT, INC.

Civ. A. No. 84-1624-S.

614 F.Supp. 994 (1985)

PURETEST ICE CREAM, INC., et al., Plaintiffs, v. KRAFT, INC., Defendant.

United States District Court, D. Massachusetts.

July 30, 1985.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Patterson, Follin, Curtis, James & Harkavy, B. Ervin Brown 2d, Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown, Greensboro, N.C., for plaintiffs.

Peter G. Hermes, Peabody & Arnold, Boston, Mass., Joseph B. Haynes and L. Joseph Loveland, King & Spaulding, Atlanta, Ga., for defendant.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO STRIKE JURY DEMAND

SKINNER, District Judge.

The Massachusetts Consumer Protection Act, M.G.L. c. 93A, affords a "businessman's remedy" to persons engaged in trade or commerce who suffer loss "as a result of the use or employment by another person who engages in trade or commerce of an unfair method of competition or an unfair or deceptive act or practice...." Id. § 11[¶ 1]. The plaintiffs, past...

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