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

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151<br />

1 <strong>the</strong> playground project for ADQ?<br />

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

3 A That's <strong>the</strong> term we were us<strong>in</strong>g earlier. There<br />

4 was a - I don't k<strong>no</strong>w -- I'm <strong>no</strong>t familiar with <strong>the</strong> term<br />

5 "playground project."<br />

6 Q Who is it at ADQ that you believe was <strong>in</strong><br />

7 charge of attempt<strong>in</strong>g to have <strong>the</strong> Texas Dairy Queen<br />

8 playgrounds come <strong>in</strong>to compliance with <strong>the</strong> CPSC?<br />

9 A I am unclear as to where accountability lies.<br />

10 Responsibility seems to be with a number of people who<br />

11 did th<strong>in</strong>gs.<br />

12 Q If ADQ can require or mandate a franchisee to<br />

13 do someth<strong>in</strong>g, that means that ADQ has control over what<br />

14 <strong>the</strong>y - over <strong>the</strong> th<strong>in</strong>g that <strong>the</strong>y can require or mandate<br />

15 <strong>the</strong>m to do, right?<br />

16 A It is <strong>no</strong>t quite that way. A set of -- A set<br />

17 of consequences kicks <strong>in</strong> when a mandated or a required<br />

18 standard isn't followed because, aga<strong>in</strong>, it relates to<br />

19 <strong>the</strong> <strong>in</strong>tellectual property of <strong>the</strong> franchisor. So, it --<br />

20 Q Okay.<br />

21 A -- it sort of, I th<strong>in</strong>k, doesn't quite<br />

22 adequately expla<strong>in</strong> <strong>the</strong> relationship to say <strong>the</strong>y have got<br />

23 control over what isn't followed. It is <strong>the</strong>irs by<br />

24 right. It is <strong>no</strong>t even a question of control. It is<br />

25 <strong>the</strong>irs.

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