Day 012 - 18 Jul 94 - Page 15


     
     1
         Q.   As a matter of no doubt good practice and convenience, he
     2        keeps a lot of his middle, lesser ranking staff, but may
              want to bring in his own lieutenants?
     3        A.    That is correct, his own team.
 
     4   Q.   But it is entirely up to him who he keeps on and who he
              does not?
     5        A.    That is correct.
 
     6   MR. RAMPTON:  I would like to ask one or two questions about
              this letter from Dewey Ballantine to the Attorney Generals
     7        of Texas and California.  Will you have been consulted
              about the contents of this letter before it was sent?
     8        A.    Yes, I would have.
 
     9
         Q.   It is copied to you?
    10        A.    Yes, Sir.
 
    11   Q.   We can see the last page, 191.  I want to just look at one
              or two passages, the second paragraph on page 188, first
    12        page of the letter:  "According to press reports, Texas
              and California officials  have charged that the company's
    13        nationwide program is in reality a reluctant concession to
              threats of legal action from your offices."
    14
              Two questions about that, Mr. Horwitz:  Were there press
    15        reports to that effect at this time?
              A.    Yes, I believe there were.
    16
         Q.   Do you remember seeing them?
    17        A.    I believe I did, yes.
 
    18   Q.   Second, was it or was it not true that the company's
              nationwide programme was, in reality, a reluctant
    19        concession to threats of legal action?
              A.    That is completely untrue.
    20
         Q.   "These officials have accused McDonald's of misleading the
    21        public and of breachingan agreement to participate in a co
              ordinated press announcement arranged by your offices.
    22        These charges are totally unfounded."  Was there any
              agreement to participate in a co-ordinated press
    23        announcement with these Attorneys General?
              A.    There was no agreement of any sort, whether written
    24        or oral.
 
    25
         Q.   So we can contrast that with the position which obtained 
    26        in April this year, when there was a joint press release 
              as you told us between the New York Attorney Generals and 
    27        McDonald's?
              A.    That is correct.
    28
         Q.   There is what one might call a conciliatory paragraph
    29        until we get over to page 189 in the numbered paragraphs:
               "McDonald's decision to put ingredient and nutrition
    30        booklets in its restaurants nationwide culminates a
              process that began years before we had any contact with

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