Day 012 - 18 Jul 94 - Page 40


     
     1        disappointed by your letter".  You saw that letter when it
              came, did you?
     2        A.  Yes, I did.
 
     3   Q.   What was your reaction to the letter?
              A.  I must say I was very surprised; I was surprised we
     4        had not received a telephone call; I was surprised there
              had been no communication prior to that because of the
     5        fine relationship which had existed up to that time with
              that particular office.
     6
         Q.   Within McDonald's, what was the reaction with being
     7        accused of trying to mislead the public, to fool the
              public?
     8        A.  It was a reaction of both being hurt and disbelief
              because it is just something which never came to mind.
     9
         Q.  "Surprised and disappointed by your letter, which seeks an
    10        immediate halt to an entire advertising campaign that is
              already more than three months old.  The letter even goes
    11        so far as to suggest that McDonald's initiated the
              campaign with an intent to deceive.
    12
              The campaign as a whole is not deceptive, either viewed as
    13        a whole or in any material part.  The claim that
              McDonald's acted with an intent to deceive is false and
    14        totally unwarranted.  To set the record straight, we have
              set out below a description of the advertising campaign
    15        and identify any differences between the booklets and the
              advertisements" -- I have lost a page.  I am sorry. Has
    16        your Lordship got a page missing?  The page numbers are at
              the top of the page.
    17
         MR. JUSTICE BELL:  Yes, I go 1, 3, 4.
    18
         MR. RAMPTON:  So do I.
    19
         MR. RAMPTON:  One does actually find the missing page -- my
    20        Lord, can I suggest we turn to -- I am not sure it is
              going to work.
    21
         MR. JUSTICE BELL:  What is 158?
    22
         MR. RAMPTON:  A reply to a letter in Texas.
    23
         MR. JUSTICE BELL:  It is not in the same form, is it?
    24
         MR. RAMPTON:  It is not in the same form, that is the trouble.
    25        My Lord, perhaps then I will use, if I may, the one which
              begins at 157. 
    26 
         MR. JUSTICE BELL:  Yes. 
    27
         MR. RAMPTON:  Can you turn to 157, Mr. Horwitz, please?
    28        A.  Yes.  Are you looking for that page?  I may have that.
 
    29   Q.   You might have it?
              A.  I might have it in my brief case.
    30
         Q.   Perhaps what we can do is borrow it from you over lunch,

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