Day 248 - 13 May 96 - Page 48


     
     1        Proceed".
     2
     3   MR. MORRIS:  So was that a collective decision of the board of
     4        directors in Chicago, based in Chicago?
     5        A.  I do not know how the decision was reached out there.
     6
     7   MR. JUSTICE BELL:  Who was it who said something to that effect
     8        to you?
     9        A.  The members of my board, Mike Quinlan, Fred Turner, Jim
    10        Cantelupo, are also corporate board of directors members;
    11        they happen to be the senior chairman, chairman of the
    12        board, chief executive, officer and president.
    13
    14   Q.   Who was the third gentleman?
    15        A.  Jim Cantelupo.  They are the senior chairman, chairman,
    16        chief executive and president of McDonald's International
    17        -- chief executive, McDonald's International.
    18
    19   Q.   So they, in effect, intimated that the First Plaintiff
    20        should be joined as well?
    21        A.  Yes.
    22
    23   MS. STEEL:   Just a couple of other points.  Was the McDonald's
    24        Corporation party to the decision to issue the leaflets and
    25        press releases that are the subject of the counterclaim?
    26        A.  I do not know.
    27
    28   Q.   You do not know?
    29        A.  I am not sure.  I think I would be surprised if my
    30        communications people did not say, "Here is what is going
    31        to happen; here is what we are intending to do".  I think
    32        the matter was left to us here at the local scene to get on
    33        and do what we thought was most necessary as this would be
    34        handled here.
    35
    36   Q.   Right.  Your position as someone who is here to represent
    37        McDonald's Restaurants Limited is that myself and
    38        Mr. Morris deliberately made false statements about
    39        McDonald's; is that right?
    40        A.  I believe that which is contained in the leaflet we are
    41        questioning was known by yourselves to be false, or you did
    42        not care that it was not true and went ahead and published
    43        it anyhow, yes.
    44
    45   Q.   Which is it?
    46        A.  It is both.
    47
    48   Q.   So far as you are concerned, we did deliberately publish
    49        information which we knew was false?
    50        A.  Yes. 
    51 
    52   Q.   When I say "you", I am talking about you on behalf of the 
    53        Company?
    54        A.  Yes.
    55
    56   Q.   Your position is as a company which was reflected in the
    57        leaflets that you sent out to all the stores and press
    58        releases that you sent out was that myself and Mr. Morris
    59        were deliberately deceiving the public when we knew that
    60        the leaflets were false, that the contents of the leaflets

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