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MOGHADDAM v. DUNKIN' DONUTS, INC.

No. CIV.A. 02-11794-PBS.

322 F.Supp.2d 44 (2004)

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

United States District Court, D. Massachusetts.

June 10, 2004.

Attorney(s) appearing for the Case

Dunkin' Donuts Incorporated was represented in this action by Robert L. Zisk, Jeffrey L. Karlin, Christopher J. Wallace, and Roland B. Ninomiya of the law firm of Schmeltzer, Aptaker & Shepard, P.C. in Washington, D.C., as well as by Robert A. Murphy of Casner & Edwards, LLP, in Boston Massachusetts.

Plaintiffs were represented by Robert Zarco, Robert F. Salkowski, and Himanshu M. Patel of the law firm of Zarco Einhorn & Salkowski, P.A., in Miami, Florida.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Plaintiff franchisees allege in their Second Amended Complaint that defendant Dunkin' Donuts, Inc. ("Dunkin"') violated its Franchise Agreement by diverting to its own account monies recovered through loss prevention activities. Plaintiffs claim Dunkin' should have deposited these amounts into the Dunkin' Donuts Franchise Owners' Advertising and Sales Promotion Fund (the "Fund"), and seek...

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