Day 024 - 15 Sep 94 - Page 39


     
     1
     2   Q.   Do you remember whether there was any response to this
     3        mailgram or whether the meeting took place?
     4        A.  There may have been telephone conversations.  To my
     5        memory and from a review of what documents I have seen,
     6        there was no immediate response to this mailgram.  As you
     7        will see, we gave them until Monday April 24th to respond;
     8        then that was followed by the April 24 letter, Exhibit 7,
     9        to my statement.
    10
    11   MR. MORRIS:  Sorry, that was until Monday April 20th you gave
    12        them to respond?
    13        A.  Yes, we gave them to Monday, April 20th.  We then
    14        wrote to them on April 24th.  It is entirely possible and
    15        it is, in fact, probable that we wrote the April 24 letter
    16        because we received no response.  It is also possible that
    17        there was some discussion and I just cannot recall to
    18        testify to it today.
    19
    20   MR. JUSTICE BELL:  You gave them until the Monday and you wrote
    21        on the Friday?
    22        A.  Yes, sir.  It was also our practice to give a few days
    23        grace period from any requested response to make sure that
    24        the response was not merely "in the mail".  This is
    25        consistent with that, your Lordship, but I cannot say that
    26        that was what happened in this instance.  It may have been
    27        there was communication by telephone.  I do not believe
    28        there were any meetings and I know we did not receive a
    29        written response that I know of to the April 10 mailgram.
    30
    31   MS. STEEL:  Going now back to the letter, the letter written on
    32        April 24th, about the advertising campaign and your
    33        conclusion that it was deceptive.  I think it would
    34        probably be -----
    35
    36   MR. JUSTICE BELL:  127?
    37
    38   MS. STEEL:  I meant going back in referring -- I was actually
    39        going to take you to the adverts themselves now.  If you
    40        turn to tab 33?  Actually, before we turn to the
    41        advertisements themselves, if you look at page 101, which
    42        is part of this promotional magazine, or whatever, to show
    43        the McDonald's family what the advertising campaign was
    44        going to consist of and its intention?
    45        A.  I am sorry, where is that in the tab?
    46
    47   MR. JUSTICE BELL:  It is just a little further on in tab 33.
    48
    49   MS. STEEL:  It is actually the third page in tab 33, page 101
    50        at the bottom. 
    51 
    52   MR. MORRIS:  I have marked mine so I cannot give my one to the 
    53        witness.
    54
    55   THE WITNESS:  I believe I have found it.  Are you talking about
    56        there is a page -- hand-letter 101 that says "Advertising
    57        Breaks Jan. 18th."
    58
    59   MS. STEEL:   Yes, that is right.  The first paragraph:  "It is
    60        time Americans were told about McDonald's food quality and

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