16.03.2014 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

134<br />

1 with it all and put - is <strong>the</strong>re?<br />

2 MR. LIGHTY: Object to <strong>the</strong> form, side-bar<br />

3 too.<br />

4 A I used <strong>the</strong> resources that were available to me<br />

5 to write my report.<br />

6 Q Now <strong>the</strong>n, Page 18, last paragraph, you write<br />

7 that <strong>the</strong> store operator <strong>in</strong> question is <strong>no</strong>t an agent of<br />

8 IDQ or ADQ because <strong>in</strong> a franchise license relationship,<br />

9 <strong>the</strong> bus<strong>in</strong>ess is <strong>in</strong>dependently owned, but operates under<br />

10 a license agreement.<br />

11 Is that your op<strong>in</strong>ion?<br />

12 A Uh-huh, yes.<br />

13 Q Do you have any case law to back that up?<br />

14 A No, I have -- I have what I k<strong>no</strong>w and what<br />

15 research I did.<br />

16 Q Is <strong>the</strong>re a time when <strong>the</strong> actions of <strong>the</strong><br />

17 franchisor and <strong>the</strong> franchisee go outside <strong>the</strong> licens<strong>in</strong>g<br />

18 agreement that can make <strong>the</strong>m have an agency<br />

19 relationship?<br />

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

21 A I don't k<strong>no</strong>w.<br />

22 Q Now, you will agree that American Dairy Queen<br />

23 could control <strong>the</strong> size, shape, and appearance of <strong>the</strong><br />

24 franchisees' establishment, right?<br />

25 A Yes.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!