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.
