Day 012 - 18 Jul 94 - Page 78


     
     1
         Q.   Would you be able to look into the minutes of the meeting
     2        that made that decision?
              A.  I am not aware of any meeting that made that
     3        decision.  I am only aware of individuals who were spoken
              to over the course of discussions.  I am not aware of my
     4        board's involvement.
 
     5   Q.   So you are saying there is no evidence that decision was
              made at any particular date?  It is all recollections, is
     6        that correct?
              A.  We could have been at one of the meetings, one of the
     7        nutrition meetings which we periodically had and at that
              meeting, after discussions took place, we decided it would
     8        be a good thing to make a national distribution -- nothing
              more than that.
     9
         Q.   Do you keep minutes of that kind of discussion?
    10        A.  Oh, you are talking about minutes of meetings?
 
    11   Q.   Yes.
              A.  No formal minutes other than the individual notes of
    12        individuals who may have taken them that were there.  We
              have no -----
    13
         Q.   You are a lawyer, Mr. Horwitz?
    14        A.  Say it again?
 
    15   Q.   You are a lawyer, is that correct?
              A.  Yes.
    16
         Q.   Do you not think it is a bit irresponsible making
    17        decisions of national consequence without making minutes
              of when that decision was made and who made that decision?
    18        A.  I do not.
 
    19   Q.   Is that normal practice in McDonald's Corporation?
              A.  I can only speak as to what I am involved in, and
    20        whatever notes of the meeting exist in people's personal
              files are all that exist.
    21
         Q.   So you do not really know when the decision was made, do
    22        you?
              A.  The exact date, no.  That is what I am saying to you.
    23
         Q.   You do not know exactly who made it, do you?
    24        A.  The final approval, the final decision, the final
              authority, was probably the president of McDonald's USA.
    25
         Q.   Right.  So would you be able to confirm that in the 
    26        minutes of the meeting of the executive that approved that 
              final decision? 
    27        A.  I am not aware of any minutes of that meeting.
 
    28   Q.   You do have minutes, do you not, of board meetings of the
              executive?
    29        A.  There certainly are minutes of board meetings.  But,
              as I have mentioned to you before, I am not aware of this
    30        ever having been discussed in terms of a decision having
              to be made at a board meeting.

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