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BOWEN INV., INC. v. CARNEIRO DONUTS, INC.

No. 06-2100.

490 F.3d 27 (2007)

BOWEN INVESTMENT, INC., Plaintiff, Appellant, Honey Dew Associates, Inc., Plaintiff, v. CARNEIRO DONUTS, INC. and Manuel M. Carneiro, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Jack J. Mikels, with whom Michael A. Wirtz, and Jack Mikels & Associates, LLP, was on brief, for appellant.

Kevin R. McCarthy, for appellees.

Before LIPEZ, Circuit Judge, TASHIMA, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

The plaintiffs, Honey Dew Associates, Inc. and Bowen Investments, Inc., were the franchisors of the defendants, Carneiro Donuts, Inc. (CDI) and its owner, Manuel Carneiro. The plaintiffs sued the defendants in the District of Massachusetts for breach of their franchise agreement. Honey Dew also sued the defendants for trademark infringement. The defendants counterclaimed, asserting, inter alia, breach of contract, fraud, and a violation...

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