What makes a sandwich a sandwich? Could one define the nature of a burrito as simply a Mexican sandwich? A Worchester judge presiding over a legal dispute between Panera Bread Co. and Qdoba Mexican Grill answered these tough culinary questions last week.

Panera, a bakery and sandwich making food chain, filed suit against the owners of the White City Shopping Mall for allowing a burrito making business to open shop in the same facility. Panera and the mall had signed a lease agreement in 2001 barring rental space from any other sandwich shop. According to Panera, burritos are sandwiches.

But Worchester judge Jeffery Locke disagreed. Citing expert testimony from a culinary chef and a former USDA official, and relying on the definition of 'burrito' and 'sandwich' given in Webster's Dictionary, the judge ruled that a burrito is a burrito, not a sandwich

"I know of no chef or culinary historian who would call a burrito a sandwich," a culinary expert asked to give testimony said.

According to the judge, a sandwich is defined by its characteristic inclusion of two slices of bread, whereas the burrito, utilizes only one tortilla.

"A sandwich is not commonly understood to include burritos, tacos and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans," the judge wrote, detailing his decision.