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

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219<br />

1 A Doesn't exist.<br />

2 Q Okay. What is that based upon?<br />

3 A The way that International Dairy Queen is set<br />

4 up, it has licensed American Dairy Queen to grant<br />

5 franchises to people on its behalf.<br />

6 Q And that would be <strong>the</strong> company that licenses<br />

7 those franchise agreements?<br />

8 A Yes, American Dairy Queen.<br />

9 Q Now, a licensee, even though <strong>the</strong>y have entered<br />

10 <strong>in</strong>to an agreement such as a franchise license and would<br />

11 have obligations and duties, are <strong>the</strong>y allowed to make<br />

12 <strong>in</strong>dependent decisions?<br />

13 MR. LAWDERMILK: Objection. Form and<br />

14 lead<strong>in</strong>g.<br />

15 A They can make any decision <strong>the</strong>y want. Just<br />

16 because <strong>the</strong>y are obligated doesn't mean that <strong>the</strong>y are<br />

17 go<strong>in</strong>g to meet that obligation. So, <strong>the</strong>y are totally<br />

18 <strong>in</strong>dependent even though <strong>the</strong>y have made a commitment.<br />

19 They can decide to do or <strong>no</strong>t do anyth<strong>in</strong>g that <strong>the</strong><br />

20 franchisee - <strong>the</strong> franchisor requires <strong>the</strong>m, but outside<br />

21 of what <strong>the</strong> franchisor requires <strong>the</strong>m, <strong>the</strong>y also have<br />

22 decision mak<strong>in</strong>g that <strong>the</strong>y - that is <strong>in</strong> <strong>the</strong>ir area.<br />

23 Q First let's talk about <strong>the</strong> decisions that a<br />

24 licensee makes as to items that <strong>the</strong>y are required to do<br />

25 under <strong>the</strong>ir agreement or contract. What happens if <strong>the</strong>y

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