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no. b-000119-c melinda matthews, individually ) in the district court ...

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104<br />

1 Q So, <strong>the</strong> franchisor - or American Dairy Queen -<br />

2 decides what to do and what it can do outside <strong>the</strong><br />

3 franchise agreement, correct?<br />

4 MR. LIGHTY: Object to <strong>the</strong> form.<br />

5 A I don't th<strong>in</strong>k <strong>the</strong>y sit around and say, "Is<br />

6 this <strong>in</strong> <strong>the</strong> franchise agreement or <strong>no</strong>t?" I th<strong>in</strong>k <strong>the</strong>y<br />

7 might talk about what needs to be done for good bus<strong>in</strong>ess<br />

8 practices, <strong>no</strong>t good franchis<strong>in</strong>g practices, at that<br />

9 particular time.<br />

10 Q So, it is your op<strong>in</strong>ion <strong>the</strong> Texas Dairy Queen<br />

11 playground project that IDQ implemented was, one,<br />

12 outside <strong>the</strong> franchise agreement for <strong>the</strong> Strickland Drive<br />

13 Dairy Queen?<br />

14 A Yes.<br />

15 Q Two, that it was <strong>no</strong>t done by look<strong>in</strong>g at <strong>the</strong><br />

16 legal implications, but done as a good bus<strong>in</strong>ess<br />

17 practice?<br />

18 A I can't agree to that. I don't k<strong>no</strong>w what you<br />

19 mean by your use of <strong>the</strong> word "legal." I don't k<strong>no</strong>w if<br />

20 that's a reference to <strong>the</strong> franchise agreement or what<br />

21 you are referr<strong>in</strong>g to.<br />

22 Q That <strong>the</strong> Texas Dairy Queen playground project<br />

23 was <strong>no</strong>t done by American Dairy Queen to avoid<br />

24 liability - legal liability, but to - as a good bus<strong>in</strong>ess<br />

25 practice?

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