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

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