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ABRUZZI FOODS, INC. v. PASTA & CHEESE, INC.

No. 92-1597.

986 F.2d 605 (1993)

ABRUZZI FOODS, INC., Plaintiff, Appellant, v. PASTA & CHEESE, INC., and Carnation Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 2, 1993.

Attorney(s) appearing for the Case

Elliott M. Loew with whom Loew & Tamkin, Newton, MA, was on brief, for plaintiff, appellant.

Sydelle Pittas with whom Powers & Hall, P.C., Boston, MA, was on brief, for defendants, appellees.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BREYER, Chief Judge.

Abruzzi Foods, Inc. brought this diversity action against a competitor, Pasta & Cheese, Inc. (and its parent). Abruzzi claims that Pasta & Cheese has violated chapter 93A of the Massachusetts code by "deceptive[ly]" calling its pasta "fresh." Mass.Gen.L. ch. 93A, § 2(a) (forbidding "unfair or deceptive acts or practices in the conduct of any trade or commerce"), § 11 (permitting civil suits by competitors). The district court...

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