Day 012 - 18 Jul 94 - Page 18


     
     1        tell us anything about that July 7th telephone call, Mr.
              Horwitz?
     2        A.    I was present on that telephone call.  We made the
              call as a matter of courtesy in order that the Attorneys
     3        General would not be surprised or taken aback by our press
              release.
     4
         Q.   Were there, in fact, two telephone calls or were the
     5        Attorneys General together in one room, on one phone link
              up?
     6        A.  I cannot remember.
 
     7   Q.   Do you recall who it was that you spoke to on behalf of
              the Attorney General of Texas?
     8        A.  It would have been Mr. Gardner.
 
     9   Q.   It goes on:  "We did not discuss the details of this
              nationwide program, but we told your representatives that
    10        we thought the company's plans would meet most, if not
              all, of your concerns.  We offered to make the current
    11        draft of the booklet immediately available to your offices
              and to discuss any suggestions your offices might have
    12        about its specific content".  Is that accurate, so far as
              the telephone call is concerned?
    13        A.  That is correct, and the booklets were sent.
 
    14   Q.  "7.  McDonald's did not breach any agreement to participate
              in some sort of co-ordinated press statement.  In fact,
    15        McDonald's was never even asked to participate in a
              co-ordinated announcement".  True or false?
    16        A.  That is correct.  That is true.
 
    17   Q.   "Nor was the company ever asked to withhold public
              announcement of its plans until you had issued a statement
    18        on this subject.  When McDonald's made the decision to
              extend the New York test program nationwide, it naturally
    19        and quite properly sought to bring that decision to the
              public's attention".  I need not ask you to comment on
    20        that nor, indeed, on any of the rest of this letter.
 
    21        If you turn over the tab to tab 12, Mr. Horwitz, we see a
              response, what we may take to be a response, from the
    22        Attorney General of Texas.  If we turn to page 193, we see
              it is signed by Stephen Gardner?
    23        A.  Yes, we do.
 
    24   Q.   It is addressed to you at McDonald's?
              A.  Yes.
    25
         Q.   With a copy to one of your attorneys at Dewey Ballantine, 
    26        Mr. Rosberg? 
              A.  That is correct. 
    27
         Q.   It reads:
    28
              "Dear Mr. Horwitz,
    29
              We are writing, first, to express our appreciation for
    30        your company's voluntary agreement to make national
              disclosure of ingredient and nutrition information, and,

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