Day 024 - 15 Sep 94 - Page 19


     
     1        subsequently -- and because I do not have the files,
     2        I just cannot tell you -- it may have been
     3        contemporaneously, did get written confirmation from all
     4        of the other companies that they would put out the
     5        brochures and subsequently to that they did -- as did
     6        McDonald's.
     7
     8   MR. JUSTICE BELL:  Just let me ask you about the documents
     9        which are exhibited to your affidavit.  Are they ones
    10        which have been in your own personal custody or copies?
    11        A.  No, my Lord.  I would have gotten them in any of a
    12        variety of ways.  The defendants provided me with some
    13        copies of the documents.  I obtained some from the
    14        California Attorneys General office which had the
    15        documents.
    16
    17   Q.   Were there other letters between, for instance, the
    18        3rd June 1986 and 21st July 1986 between McDonald's or
    19        their attorneys and your office?
    20        A.  There may have been.  I do not believe so, but because
    21        I do not have the correspondence file from the Attorney
    22        General's office, I cannot tell the court with certainty
    23        one way or the other.  As I have said, it was many years
    24        ago and I do have to reconstruct.  In all honesty,
    25        I believe there were no others.  I am aware of no others,
    26        and I have not been able to learn of any others from the
    27        California Attorney Generals office that does still have
    28        its file.
    29
    30   Q.   So when you are saying they were the most resistant, are
    31        you speaking of correspondence or meetings, telephone
    32        conversations, what?
    33        A.  I believe entirely on telephone conversations.  They
    34        may have been, in the initial series of meetings, they may
    35        have expressed recalcitrance to make nationwide disclosure
    36        to the brochures.  I cannot distinguish their position
    37        taken there from their position taken subsequently, but it
    38        was all taken orally, to my knowledge.  I do not think we
    39        have anything in writing from McDonald's, wherein they say
    40        "We are not going to do this"; with, I think, one
    41        exception, your Lordship.  The court has every item of
    42        correspondence between our offices, either mine or, with
    43        respect to the 1986 matter, the California Attorney
    44        General's office, as well as in the 1987 matter that
    45        I have not yet discussed as attached to my affidavit or
    46        elsewhere.  There is nothing that I know of that I think
    47        the court does not have.
    48
    49   MR. JUSTICE BELL:  It might be helpful if, when you are
    50        questioned, if you think there may be a relevant document 
    51        which we have not got, or at least which you have not been 
    52        shown, to say so. 
    53        A.  I will attempt to do that, my Lord.  I will tell the
    54        court that the only document I have not seen that
    55        I believe to be relevant is a mailgram in 1987 dated, as I
    56        recall, without looking at it, April 10th.  I believe that
    57        is otherwise before the court.  But frankly I do not know
    58        why I did not attach it to my statement, but I will
    59        endeavour to do so.  If there is anything else, I will try
    60        to mention it and bring it to the court's attention.

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