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

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252<br />

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

2 A Yes, I do.<br />

3 Q And can you expound upon that?<br />

4 A Well, I th<strong>in</strong>k that -- First of all, <strong>the</strong>y had<br />

5 meet<strong>in</strong>gs, <strong>the</strong>y sent out an expert, and if <strong>the</strong> franchisee<br />

6 didn't like <strong>the</strong> report, <strong>the</strong>y even offered a 200-dollar<br />

7 credit if <strong>the</strong> person wanted to get <strong>the</strong>ir own expert.<br />

8 They just wanted <strong>the</strong> playground <strong>in</strong>spected to raise <strong>the</strong><br />

9 awareness of <strong>the</strong> franchisee about <strong>the</strong> issues that <strong>the</strong>y<br />

10 were exposed to and <strong>the</strong> customers were exposed to with<br />

11 <strong>the</strong> hope that that awareness would get <strong>the</strong> franchisee to<br />

12 act and get <strong>the</strong>ir playgrounds ei<strong>the</strong>r shut down, removed,<br />

13 or fixed.<br />

14 Q Is it your expert op<strong>in</strong>ion that American<br />

15 Dairy Queen or International Dairy Queen could have<br />

16 defaulted any of <strong>the</strong> Texas franchises who were under a<br />

17 similar license agreement that we have looked at as<br />

18 Exhibit 15 or any of <strong>the</strong> addendums for fail<strong>in</strong>g to follow<br />

19 <strong>the</strong>se playground or manufacturers' guidel<strong>in</strong>es or CPSC<br />

20 guidel<strong>in</strong>es?<br />

21 A No. And -- Because <strong>the</strong> first question anybody<br />

22 asks is: Where is it <strong>in</strong> <strong>the</strong> franchise agreement?<br />

23 Q And where is it - what is to enforce?<br />

24 A Yeah - "Where does it mention playgrounds <strong>in</strong><br />

25 <strong>the</strong> franchise agreement" or "Where is <strong>the</strong> addendum that

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