Day 024 - 15 Sep 94 - Page 32
1 and Mr. Morris will go on to the advertising campaign in
2 1987 shortly. I take it that Mr. Morris' question is
3 about 1986 and the ingredient and nutritional information
4 business. Is there anything further you are being asked,
5 having seen what Mr. Horwitz said, that you think is
6 important for you to say?
7
8 MR. MORRIS: Just in case anything had been missed out which
9 you felt was important that I do not know about?
10 A. If I may have just a moment, please? I think just two
11 points: The first paragraph of my July 23 letter to
12 Mr. Horwitz says that "We are writing to express our
13 appreciation for McDonald's voluntary agreement to make
14 national disclosure of these brochures". As I had
15 explained, just as a matter of the way any contract works,
16 we made an offer of resolution in the earlier letter.
17 They responded both at that time just orally to that offer
18 and accepted it. We confirmed their acceptance by this
19 letter.
20
21 I will point out that McDonald's in several other
22 instances, I think in the 1986 matter and specifically in
23 the 1987 matter, did take pains to point out where they
24 disagreed with anything we had stated in letters; they did
25 not do so.
26
27 We confirmed the agreement that McDonald's would make
28 national disclosure by the July 23 letter and requested a
29 response as to some additional specific details within a
30 week of the July 23 letter. We received that response
31 contained in the July 30 letter. By the first paragraph,
32 John Horwitz has asked me to respond to your letter of
33 July 23, Mr. Rosberg states. That letter does respond to
34 the issues raised in our July 23 letter. It does not
35 contest the fact that we had an agreement then; we
36 believed we did and I believe from this and other matters
37 going into it that McDonald's did as well.
38
39 Q. I want to move on to the 1987 matters. If you can turn to
40 the Exhibit 7 in your material, in your statement, which
41 I believe is document number 34, tab 34 in that
42 volume VI A.
43
44 MR. JUSTICE BELL: It is page 127, I think.
45
46 MS. STEEL: I think it is actually page 131, the Texas one.
47
48 MR. JUSTICE BELL: There are three; 127 is New York.
49
50 MR. MORRIS: This is from your office, is it not, to the
51 President of McDonald's Corporation, April 24th 1987?
52 A. Yes.
53
54 MR. JUSTICE BELL: 131 is your Exhibit 7 and 133 is California.
55 A. I am looking at both 131 and my Exhibit 7.
56
57 MR. MORRIS: It is the same letter.
58
59 MR. JUSTICE BELL: They make the same point, but they have
60 different wording in each. All three letters are drafted
