Day 139 - 21 Jun 95 - Page 60


     
     1        and assistance but he had to move.
     2
     3   Q.   But the decision to abandon Mr. Miller came after you left
     4        your involvement in -- after you left the island?
     5        A.  McDonald's decision to not help Mr. Miller occurred
     6        after I left the island?
     7
     8   Q.   Sorry, your decision to withdraw all assistance to -- all
     9        company assistance to Mr. Miller, you did make a decision,
    10        did you not?  At one point, "That is it; we are having
    11        nothing to do with Mr. Miller and the Puerto Rican stores"?
    12        A.  That is correct.  A decision of that nature was made,
    13        yes.
    14
    15   Q.   When was that decision made?  Was that after -- while that
    16        strike was on, was it, when the stores were closed?
    17        A.  The stores were never totally closed; they were
    18        operating to some extent.  That decision was made when the
    19        stores were substantially operating, yet he would not move.
    20
    21   Q.   But the dispute was continuing with the union?
    22        A.  Through the NLRB.
    23
    24   Q.   When you said you went to Puerto Rico with someone who had
    25        worked in Puerto Rico, who was that?
    26        A.  I cannot remember his name.  He was a store manager
    27        that then was working for one of our operators in New York
    28        City and he had been a store manager at one of the stores
    29        in Puerto Rico.  His name was Miranda.
    30
    31   Q.   OK, that is fine.  Once you withdrew the Corporation's
    32        support for Mr. Miller, he eventually -- you said, for
    33        financial reasons, he closed the stores all down; was that
    34        because you had withdrawn your support that he could not
    35        continue effectively?
    36        A.  No.  He continued for several months after we withdrew
    37        our support, and he had not been making money and continued
    38        not to be making a profit and closed his stores.
    39
    40   MR. JUSTICE BELL:  Just pause a moment.  That is what you said
    41        yesterday.  Mr. Fred Turner had said that McDonald's
    42        instructed you not to offer any further help to Mr. Miller?
    43        A.  That is correct, my Lord.
    44
    45   Q.   And said that McDonald's would go ahead with the default
    46        proceedings?
    47        A.  That is correct, my Lord.
    48
    49   Q.   But, as I understand your evidence, what you are saying is
    50        it was not the default proceedings which brought McDonald's 
    51        enterprise to an end; it was financial difficulties? 
    52        A.  The court proceedings just dragged on.  We had never 
    53        stopped them from the Gibson period and they had continued
    54        on and they were just in the process; that did not stop him
    55        at all.
    56
    57   Q.   So his own financial situation beat you to the draw?
    58        A.  That is correct.
    59
    60   Q.   If it had not done so, so far as you are aware, the default

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