Day 154 - 13 Jul 95 - Page 52


     
     1        assembly with blades on it which scrape the ice particles
     2        off the edge of the container and also beat the mix.  This
     3        further thickens the mix and also combines the ice crystals
     4        within the chamber to mix with the thickened shake mix and
     5        the ice crystals.
     6
     7   Q.   If it were too cold, could you still serve the milk shake?
     8        A.  It depends to what extent.  Any sort of deviation by
     9        more than one or two degrees would tend to make it very
    10        difficult to serve the milk shake.  If it got too cold,
    11        then the milk shake would tend to peak at the front.
    12
    13   Q.   Then I end up here, Mr. Davis:  What if, as is suggested by
    14        the Defendants, you put sufficient water into the mix (is
    15        the allegation) in sufficient quantity to "improve" --
    16        I put that word in quotes -- the yield significantly for
    17        your own basic commercial purposes, what if you put
    18        sufficient water into the mix for that purpose, what would
    19        happen to the final product in the machine?
    20        A.  We were always taught from, sort of, day one that if
    21        you added water to the shake mix then the shake machine
    22        would freeze up and lock solid due to the lower temperature
    23        that water would freeze at.
    24
    25   MR. RAMPTON:  Thank you, Mr. Davis.  My Lord, that is all the
    26        questions I have in re-examination.
    27
    28   MR. JUSTICE BELL:  Thank you.  You are released, Mr. Davis.
    29
    30                        (The witness withdrew)
    31
    32   MR. RAMPTON:  May I, before your Lordship rises, briefly say a
    33        word about the proposal there should be some kind of
    34        interlocutory hearing tomorrow?  I do not know if your
    35        Lordship has been given the Defendants' list of
    36        authorities.
    37
    38   MR. JUSTICE BELL:  No, I have not.
    39
    40   MR. RAMPTON:  I believe your Lordship ought to have it.
    41
    42   MR. JUSTICE BELL:  I am not aware that I have been given it.
    43
    44   MR. MORRIS:  I am just trying to find it.
    45
    46   MR. JUSTICE BELL:  Lend me it for a moment, then I will hand it
    47        back and Mr. Riley could photocopy it.  Should I look at
    48        one side only?
    49
    50   MR. MORRIS:  No, it is just that it is a recycled piece of 
    51        paper.  The other side does not matter, it is OK, it is 
    52        fine.  It is from Mark Davis' statement or something. 
    53
    54   MR. RAMPTON:  My Lord, there are (because I have counted them)
    55        26 authorities in all on that list; some of them such as
    56        the White Book, Halsbury's Laws, are not obviously very
    57        taxing, some of them, that is to say, 13 of them, I know
    58        that we have in chambers.  The other half, the other 13,
    59        I know that we do not.  Your Lordship will notice that
    60        handwritten into the bottom half of the list are, I think,

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