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MOGHADDAM v. DUNKIN' DONUTS, INC.

No. Civ.A. 02-11794-PBS.

295 F.Supp.2d 136 (2003)

Manoochehr Fallah MOGHADDAM, et al., Plaintiffs, v. DUNKIN' DONUTS, INC., Defendant.

United States District Court, D. Massachusetts.

November 7, 2003.

Attorney(s) appearing for the Case

Robert Zarco, Zarco Einhorn & Salkowski, Miami, FL, for Plaintiffs.

Christopher J. Wallace, Eric L. Yaffe, Jeffrey L. Karlin, Robert L. Zisk, Roland B. Ninomiya, Schmeltzer, Aptaker & Sheppard, P.C., Washington, DC, Himanshu M. Patel, Zarco & Associates, Miami, FL, Robert A. Murphy, Casner & Edwards, LLP, Boston, MA, Robert F. Salkowski, Zarco & Pardo, Miami, FL, for Defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

In this proposed class action,1 plaintiff franchisees allege that Dunkin' Donuts, Inc. ("Dunkin'") violated the Franchise Agreement2 when it failed to put advertising fees collected from franchisees that underreport gross sales into the advertising and sales promotion fund, and instead diverted the fees to its own account. The defendant...

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