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

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81<br />

1 me, it is about what somebody can do given <strong>the</strong><br />

2 constra<strong>in</strong>ts and restra<strong>in</strong>ts of a very difficult<br />

3 situation, particularly <strong>in</strong> this case where <strong>the</strong>re are<br />

4 years of difficult relationships between ADQ and its<br />

5 Texas association of franchisees.<br />

6 Now, my op<strong>in</strong>ion is - and I don't -- I<br />

7 wasn't asked to give an op<strong>in</strong>ion on whe<strong>the</strong>r I'm<br />

8 personally proud or <strong>no</strong>t. That's an op<strong>in</strong>ion. My op<strong>in</strong>ion<br />

9 is that <strong>the</strong>y did everyth<strong>in</strong>g and more that <strong>the</strong>y could do,<br />

10 given <strong>the</strong> restra<strong>in</strong>ts of <strong>the</strong> franchise relationship, to<br />

11 make a very difficult situation better. And, <strong>in</strong> fact,<br />

12 <strong>the</strong> evidence shows and my report reflects that <strong>the</strong>y were<br />

13 pretty successful at gett<strong>in</strong>g some people to close<br />

14 playgrounds, put new playgrounds <strong>in</strong>, close down<br />

15 playgrounds. Some 65 percent of 112 - or 64 percent<br />

16 did, <strong>in</strong> fact, respond favorably to <strong>the</strong>ir <strong>in</strong>itiatives.<br />

17 MR. LAWDERMILK: I object as<br />

18 <strong>no</strong>nresponsive.<br />

19 Q (By Mr. Lawdermilk) Let me ask you this way:<br />

20 Based on what you have been shown and told by ADQ's<br />

21 lawyer, do you feel ADQ did an exceptional job <strong>in</strong><br />

22 gett<strong>in</strong>g <strong>the</strong> Texas Dairy Queen playgrounds <strong>in</strong>to<br />

23 compliance with <strong>the</strong> CPSC?<br />

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

25 A Well, aga<strong>in</strong>, you k<strong>no</strong>w, because I take this

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