Day 013 - 19 Jul 94 - Page 16


     
     1        A.  Which meeting?
 
     2   Q.   The conversations you had with them ----?
              A.  Which resulted in the voluntary arrangement?
     3
         Q.   Yes, you felt you had the same goals as them?
     4        A.  Clearly the goals were similar, yes.
 
     5   Q.   The first one you said because you shared the same goals
              that was effectively an agreement? That is what you
     6        characterised as an agreement?
              A.  No, I do not think it was because we shared the same
     7        goals, it was because we had -- since we were going to be
              making distribution of a brochure in New York, since
     8        distribution was for the purpose of giving greater
              information to the consumer, since this was a matter of
     9        interest to them, what we agreed to was a joint press
              release, as I recall.
    10
         Q.   In tab 12 of pink VI, page 192, second paragraph, "In our
    11        July 7 telephone conversation, you informed us that
              McDonald's will provide a booklet giving this information,
    12        to be available in all stores by no later than October 3,
              1986.  We will need to review and comment on the proposed
    13        booklet in final form before publication and distribution,
              to insure that there is no question as to the accuracy and
    14        validity of the information therein."  Is that an accurate
              summary of the phone conversation as far as you know?
    15        This is a letter to you from the office of the Attorney
              General of the State of Texas.
    16        A.  I cannot specifically recall the phone conversation,
              but I have no reason to believe this is not accurate -- it
    17        probably is.
 
    18   Q.   The fact is the national distribution of your brochures
              was not completed definitely, finally, until October 3rd
    19        1986?
 
    20   MR. JUSTICE BELL:  That may be right, but why do you say that?
              McDonald's, not to put too fine a point on it, could have
    21        said:  "Get stuffed.  We will publish it when we want
              to".  It may well be they agreed and said:  "Yes, we will
    22        let you vet it first", but they did not have to let the
              Attorney General vet it.
    23
         MR. MORRIS:  No, it says:  "You informed us".
    24
         MR. JUSTICE BELL:  What did actually happen was it was left
    25        rather open ended, according to the evidence yesterday.
  
    26   MR. MORRIS:  Mr. Horwitz spoke to the person who wrote this 
              letter. 
    27
         MR. JUSTICE BELL:  Yes.
    28
         MR. MORRIS:  Says that was accurate.
    29
         MR. JUSTICE BELL:  You think the second paragraph was accurate
    30        in that you told them what your plans were.  Mr. Gardner,
              whoever, came back and said:  "We want to vet it first".

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