Day 025 - 16 Sep 94 - Page 58


     
     1
     2   Q.   The tone of this letter from Dewey Valentine to Mr. Mattox
     3        and Mr. Van der Kemp is not the least bit friendly, is it?
     4        A.  No.
     5
     6   Q.   What do you think is the reason for that, Mr. Gardner?
     7        A.  That a stuck pig often squeals the loudest.
     8
     9   Q.   I am sorry?
    10        A.  That a stuck pig often squeals the loudest; that
    11        McDonald's decided once caught with its hand in the media
    12        cooky jar to go on the offensive.
    13
    14   Q.   You do not think that this scenario might be the right one
    15        I suppose, Mr. Gardner -- trying again to be as objective
    16        and as fair-minded about it as you possibly can be -- that
    17        McDonald's had had in train for some time before they
    18        received your letter of 6th May a plan, developed with the
    19        assistance of the Attorney General of New York, to put
    20        such brochures in every restaurant throughout the country;
    21        and that when you went unilaterally to the press
    22        complaining that McDonald's had jumped the gun, they were
    23        rather cross about it.  You do not think that is possible,
    24        do you?
    25        A.  Well, literally anything is possible, Mr. Rampton.  It
    26        belies common sense.  We had been talking to them since
    27        May.  We wrote to them in the first part of June.   In the
    28        middle or towards the latter part of June, while being
    29        still recalcitrant in expressing to us their disinterest
    30        in doing what you are positing they had always been
    31        planning to do, they told us they could not make a
    32        decision until after the July 4th holiday.
    33
    34        We have looked at another memorandum from McDonald's
    35        internally that showed that that was untrue.  They, in
    36        fact, had made a decision before the McDonald's, the July
    37        4th holiday.  If, indeed, they had already made a decision
    38        to distribute these pamphlets nationally first, I would
    39        want to know why they did not simply tell us that, knowing
    40        that that is all it would take for us to close our
    41        investigation as to them.
    42
    43        Secondly, why if, indeed, they had already decided well
    44        before receiving our first letter to do just that, did
    45        they tell us exactly to the contrary?  Why would they have
    46        misrepresented their plans to us then?
    47
    48   Q.   I do not believe they told you anything to the contrary.
    49        I believe, Mr. Gardner, they told you they would not tell
    50        you what their plans were.  Do you see a distinction? 
    51        A.  If that were the truth, I would.  I believe rather, 
    52        Mr. Rampton, they told us, one, I did have the privilege 
    53        being at those meetings and although I do not have the
    54        privilege of perfect recall, I do recall that they
    55        indicated that they did not want to do just that which you
    56        say they have always planned to do.
    57
    58        Secondly, when they stalled us until they could put out
    59        the unilateral announcement on their own, they did not
    60        tell us that they did not want to tell us the response,

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