Day 163 - 25 Sep 95 - Page 16


     
     1        defended, justified, their claim partly by elaborating on
     2        their supposed conditions in the stores.
     3
     4        These are particulars to justify our criticism of
     5        processing and handling procedures.  Anyway, the references
     6        to these matters, if we look at the document that has been
     7        disclosed, if we look on the first page in the centre, we
     8        have a reference to McDonald's 208 to 14 Dyckman Street,
     9        Manhattan.  The text of our proposed amendments follows
    10        exactly the text of the newspaper reports as contained in
    11        this document.  So I do not know if I need to go into every
    12        single word.
    13
    14   MR. JUSTICE BELL:  What is the document, first of all?
    15
    16   MR. MORRIS:  What is it?
    17
    18   MR. JUSTICE BELL:  Yes.
    19
    20   MR. MORRIS:  My understanding is it is a printout of news
    21        reports,  copyrighted news reports -- a printout of a
    22        computer database of newspaper reports from the States
    23        which was sent to us for part of a research work.
    24
    25   MR. JUSTICE BELL:  Just pause a moment.  Can you give me an
    26        example, for instance, where the first one that -----
    27
    28   MR. MORRIS:  I think all the papers referred to are either the
    29        New York Times or News Day; the first one, for example,
    30        March 6th, 1988, Sunday, City edition of News Day.  Then
    31        below that, to the front page, we have under level 1 to 18,
    32        it says:  "Copyright 1988, New York Times Company, Sunday,
    33        late City final edition of February 21st 1988."   So these
    34        will be, as they are copyrighted, directly taken from
    35        information supplied by the newspaper which would be no
    36        different from if it was a copy of the newspaper with an
    37        extract, an article extract.
    38
    39   MR. JUSTICE BELL:  What I was asking you to do is just give me
    40        an example, Dyckman Street, that is the one on the first
    41        page?
    42
    43   MR. MORRIS:  Yes.  I will refer you to which pages and which
    44        paragraphs, if you like.  I can assure the court that the
    45        particulars in the pleading, in the amendments, are
    46        identical to what appears in this document.  So shall I go
    47        through the document?
    48
    49   MR. JUSTICE BELL:  I think you should, yes, to start with, at
    50        least. 
    51 
    52   MR. MORRIS:  Yes, the first one is the Dyckman Street one which 
    53        is the first one of the amendments, the particulars of the
    54        amendment.  Then if we go over the page to page 2 -----
    55
    56   MR. JUSTICE BELL:  What does it say about Dyckman Street there?
    57
    58   MR. MORRIS:  Unfortunately, it refers to it later on as well,
    59        OK.  On that one, if you look at the top of that extract
    60        under "Body", the fourth line down of that section of the

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