Day 013 - 19 Jul 94 - Page 08


     
     1
         Q.   Which says:  "If you are agreeable to resolving this
     2        matter in the manner outlined, please contact us in
              writing within two weeks indicating your agreement and
     3        detailing those steps you will implement.
 
     4        If we do not hear from you within that time, we will
              assume your firm is not interested in reaching an informal
     5        conclusion to our discussions and we will continue to
              weigh the other options open to our office".  Would you
     6        say again that is some kind of hint that if you do not
              come to an agreement they are going to take some kind of
     7        action?
              A.  I think it says that if they do not hear from us they
     8        will consider other options, amongst which there could be
              some sort of legal action.
     9
         Q.   So going back to the letter of July 21st, tab 11 -- in
    10        fact we want page 190 -- looking at paragraph 5, there
              was, in fact, some hint of a threat of legal action; it
    11        would not really be true to say that this came totally out
              of the blue?
    12        A.  If you are asking me whether I believed that this
              sentence:  "Contrary to the impression conveyed by
    13        statements reported in the press, neither of your offices
              specifically threatened to initiate legal action against
    14        McDonald's", I believe that was true.
 
    15   Q.   It does not say "specifically threatened"?
              A.  No, "specifically" was my word.  There was no threat
    16        of legal action.  When the Attorney General threatens
              legal action, you know it!
    17
         Q.   When he hints at it, you might be aware of it?
    18        A.  It might have been in the back of our minds, yes.  It
              was in the back of our minds.  But there was no formal
    19        threat of legal action from the Attorney General at that
              time.
    20
         MR. JUSTICE BELL:  The threat of legal action will be if you do
    21        not do this, we will take proceedings against you,
              something of that kind?
    22        A.  That is correct, or "if we do not agree with your
              position, now you put it to us, and if you remain
    23        unchanged we are going ahead".
 
    24   MISS STEEL:  You said yesterday that you were not aware of the
              intention of the Attorneys General to release a press
    25        statement about the provision of information by McDonald's
              and other fastfood chains.  Do you recall anything of this 
    26        nature being discussed at the meetings that you had with 
              the Attorneys General offices, I think, in Texas and 
    27        California?
              A.  The fact they might release -- are you talking about
    28        the statement in regards to our, which replied to our
              announcement that we were going to make national
    29        distribution?
 
    30   Q.   This is coming out of paragraph 6 of the same letter?
              A.  Let me just turn to that -- what page?

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