Day 024 - 15 Sep 94 - Page 57


     
     1        declined to do.  We had engaged in a telephone
     2        conversation.  It was clear to us that McDonald's
     3        retaining of the prior Secretary of Health and Human
     4        Services was a political move in an attempt to influence
     5        our Attorney General's through a political end run rather
     6        than my addressing the merits of the case, and General
     7        Mattox declined to do so.
     8
     9        I believe that the next item of correspondence was this
    10        one week later letter from Gerald Rossburgh at Dewey
    11        Valentine on behalf of McDonald's.  In that letter, that
    12        was to me at the time and is to me now, a McDonald's
    13        promise that it would stop the campaign.  He encloses the
    14        insertion data -- page 171 of your binder -- and then
    15        refers to it to, as he said, make clear that none of the
    16        advertisement is currently scheduled to appear.  None was
    17        placed with a magazine after April 13.  I do not know why
    18        April 13 was a date at issue.  It is immediately
    19        following, or would have been at or on the date they
    20        received my April 10, 1987 mailgram, and that none of the
    21        three advertisements about which you expressed a specific
    22        concern is in the pipeline, meaning was not scheduled to
    23        appear again.
    24
    25        I believe there was a follow-up letter to that confirming
    26        our understanding.  I do not see it before me.  My
    27        recollection may be incorrect.  Was there?  I would have
    28        to ask if I might, if there is an Exhibit 9 to my
    29        statement?
    30
    31   Q.   Exhibit 9 is, in fact, the letter of May 5th.  In fact,
    32        this letter, this McDonald's letter, is not exhibited to
    33        your statement.
    34        A.  Then I am incorrect, if there is no exhibit 10, then
    35        I did not send them a letter confirming -- at least not
    36        one that I currently have.
    37
    38   Q.   This letter that is written by the solicitors, the second
    39        paragraph on the second page, is implying that they will
    40        not make a promise not to run -- they are saying they will
    41        not agree to terminate the entire advertising campaign?
    42
    43   MR. JUSTICE BELL:  Let us take it step by step.  It might be
    44        thought the first page makes it clear by reference to the
    45        said schedule that none of the advertisements was at that
    46        time scheduled to appear in the magazine issue going on
    47        sale after 26th May, which is later that very month.
    48
    49   MS. STEEL:   Right.  It is right that the second part, that
    50        none was placed with a magazine after the April 13th which 
    51        is three days after you sent the mailgram first informing 
    52        them of your concerns about the advertising campaign? 
    53        A.  I read the first sentence of the first full paragraph
    54        on page 2 No. 170 to be a statement by McDonald's that
    55        they are going to hold off on running any of the eight
    56        advertisements before meeting with us.  Again, I apologise
    57        because I do not have access to or cannot locate the notes
    58        from any subsequent meeting, I cannot tell you if there
    59        was an in-person meeting or a further discussion.
    60

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