Day 009 - 08 Jul 94 - Page 33


     
     1   MR. JUSTICE BELL:  Do you understand what I am putting to you?
 
     2   MR. MORRIS:  Do you feel -----
 
     3   MR. JUSTICE BELL:  If you are suggesting they should have shut
              up shop completely because they were using CFCs or HCFCs,
     4        put that; if you are saying they should not have used
              HCFCs but should and could have done something else, put
     5        that, if you can; otherwise the inference maybe there is
              no solution.
     6
         MR. MORRIS:  You said that you would not tolerate the use of
     7        CFCs now?
              A.  That is correct, fully halogenated.
     8
         Q.   But you are still tolerating HCFCs?
     9        A.  We are phasing out of HCFC-22.
 
    10   Q.   If you knew in 1989 what you know now, which leads you to
              say you would not tolerate the use of CFCs, would you have
    11        not tolerated them at that time?  What I am saying is, you
              said now you feel, as evidence has come in, that you would
    12        not tolerate for any McDonald's section the use of CFCs.
              Just say, for example, some country starts using CFCs as a
    13        blowing agent in their polystyrene packaging; would you
              stop it within a week?  Would you phone them up and say:
    14        "I want that stopped now"?  Or would it take months and
              months?
    15        A.  You first mentioned 1989 -- are you saying today?
 
    16   Q.   No.  I have moved on.  When you say you will not tolerate,
              what does that mean?
    17        A.  What it means  -----
 
    18   Q.   In reality?
              A.  It means McDonald's phased out of CFCs.  We took a
    19        position that we were not going to use fully halogenated
              CFCs in our business.  We came up with a game plan to
    20        phase out of CFCs, not only in the Unites States,  but
              across the breadth of the world.  Once we completed that
    21        transition, which I believe was in 1990, the end of 1990,
              it would just be deplorable for anybody in the McDonald's
    22        system to resume usage of CFCs.
 
    23   Q.   But how would you stop it?
              A.  I would speak to our top management group.  I think
    24        immediate action would be taken, plus we communicate all
              of our -- this is a big issue within the company.  Our
    25        suppliers are aware of the issue; it simply would not be
              tolerated. 
    26 
         Q.   So if it happened, it would maybe last a week, then it 
    27        would be squashed immediately?
              A.  First of all, it would never happen.
    28
         Q.   Well, you said -----
    29        A.  In my opinion, it would never happen.
 
    30   Q.   You said your branches are -- they can buy from suppliers
              so it is possible it could happen?

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