Day 024 - 15 Sep 94 - Page 56
1 resolve it or we would file suit. In rare instances, they
2 could show us why factually we were in error, but this
3 particular case was too far along for them to be able to
4 do that, because the types of arguments that Mr. Califano
5 makes, as I have just articulated for the court, were
6 non-responsive to the concerns that we had. Saying that
7 something is a chemical stabilizer and not a chemical
8 preservative, then in passing admitting that maybe there
9 was a preservative in there but, nonetheless, denying our
10 accusation that that advertisement claim was false, is not
11 responsive to the claim.
12
13 We deemed it unnecessary and unproductive to try to go
14 back and say, "Oh, yes" to them and say, basically, do
15 nothing than reiterate what we had already said in the
16 initial letter.
17
18 MR. MORRIS: We want to finish today if possible or at least
19 early tomorrow.
20
21 MR. JUSTICE BELL: The important issue if, indeed, it remains
22 is how things ended, is it not?
23
24 MS. STEEL: Yes.
25
26 MR. JUSTICE BELL: Mr. Horwitz said they did not call the
27 advertisements. It might have been -- at one time
28 I thought your case was, that they did. Mr. Gardner said
29 at the beginning of the day that what happened -- you
30 asked him and what he seemed to be saying at one stage was
31 that there was an assurance that the campaign had a finite
32 limit on it and there was an assurance that it would not
33 be pursued beyond that.
34
35 MR. RAMPTON: My Lord, he said that, but he said another
36 thing. He said "McDonald's promised us it would stop the
37 campaign".
38
39 MR. JUSTICE BELL: In any event, whatever Mr. Gardner's
40 evidence will be, that is an important topic.
41
42 MS. STEEL: Yes. After this letter that we have just been
43 referring to was sent, can you recall what happened after
44 that?
45 A. The May 5 letter that I sent to Mr. Califano?
46
47 Q. There is actually a further letter on page -----
48
49 MR. MORRIS: 169 is the May 12th 1987 letter from yourself
50 to -- no, sorry.
51
52 MS. STEEL: From McDonald's solicitors -----
53
54 MR. MORRIS: To yourself. It is in the trial bundle at 169.
55
56 THE WITNESS: There were some telephone communications
57 regarding the desire of McDonald's to meet with Attorney
58 General Mattox as well as me, I believe, but to discuss
59 the concerns raised in the General's letter, the initial
60 letter, not the initial mailgram, that we at that point
