Day 025 - 16 Sep 94 - Page 48


     
     1        scheduled to appear, other than the salad ad, was the
     2        "Pinch", the sodium ad.  As you pointed out, it does not
     3        say whether it was one or two pages; I think a reasonable
     4        inference could go in either direction on that.
     5
     6   Q.   I do not think it could, Mr. Gardner, with respect to
     7        you.  We see on page 171 that it is specifically stated
     8        that it was to be one page only?
     9        A.  On 171, absolutely, that was after we wrote to them,
    10        Mr. Rampton, and not on page 183 which was before we wrote
    11        to them, wherein the "Pinch" ad is slated to appear
    12        without indicating whether it is a one or two page
    13        advertisement.
    14
    15        But, furthermore, the May advertisements, all of which
    16        were scheduled to appear after we wrote to McDonald's on
    17        April 10 and then again on April 24th of 1987, several of
    18        them are not listed, several of the ones listed as
    19        intending to appear in May 1987 on document page 183 do
    20        not appear in the document that Mr. Rosberg assured me was
    21        a list of ads that were not appearing after May 26.
    22
    23        Therefore, several of the ads about which we were
    24        complaining in the campaign, about which we were
    25        complaining, rather, were scheduled to appear in May and,
    26        at least, from what Mr. Rosberg tells us were not
    27        scheduled for reinsertion and may have been terminated
    28        following our initial letters in April.
    29
    30   Q.   You will notice two things, perhaps, about the schedule on
    31        page 183 -- I will come back to 171 in a moment -- some of
    32        the advertisements, some of the titles of the
    33        advertisements have underlines, do they not, and some do
    34        not?
    35        A.  Yes, sir, they are.
    36
    37   Q.   You will notice that none of the advertisements to be
    38        published in May or June has an underline, does it?
    39        A.  Certainly not.
    40
    41   Q.   I know that I am asking you to speculate, but I ask you to
    42        speculate with an open mind, if you will.  Do you think
    43        that might suggest that the ones which are not underlined
    44        were only going to be one-page advertisements?
    45
    46   MR. JUSTICE BELL:  That had occurred to me, but I have to say
    47        the next thing occurred to me is that if there was some
    48        special significance in the underlining, one might find
    49        some reference in it in the body of January 13th 1987
    50        document starting on page 181 of which, of course, we have 
    51        parts only. 
    52 
    53   MR. RAMPTON:  I agree with that.  There is not and I looked for
    54        it too.  It is just passing through my head, my Lord,
    55        whether I in error blanked such a reference out.  I do not
    56        think so.  Perhaps what I had better do is to undertake to
    57        have a look at that later.
    58
    59   MR. JUSTICE BELL:  I think you had, but I feel uneasy about --
    60        I am not resiling from the decision I made earlier, unless

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