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

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91<br />

1 Q And if it wasn't restricted or required, how<br />

2 is it that ADQ was able to do those th<strong>in</strong>gs outside <strong>the</strong><br />

3 franchise agreement?<br />

4 A Because <strong>the</strong>y were concerned.<br />

5 Q But what gave <strong>the</strong>m <strong>the</strong> right to do it if it<br />

6 was outside <strong>the</strong> franchise agreement?<br />

7 A They didn't need to have a right to do it.<br />

8 They did it as a bus<strong>in</strong>ess decision.<br />

9 Q So, as a bus<strong>in</strong>ess, <strong>the</strong> franchisor can go<br />

10 outside <strong>the</strong> franchise - what is specifically listed <strong>in</strong><br />

11 <strong>the</strong> franchise agreement for <strong>the</strong> good of <strong>the</strong> bus<strong>in</strong>ess and<br />

12 <strong>the</strong> operat<strong>in</strong>g system, right?<br />

13 A As a general pr<strong>in</strong>ciple, yes.<br />

14 Q Dairy Queen -- American Dairy Queen is a<br />

15 bus<strong>in</strong>ess format franchise?<br />

16 A Yes.<br />

17 Q And that's <strong>the</strong> type of franchise -- A bus<strong>in</strong>ess<br />

18 format franchise is <strong>the</strong> type of franchise that uses <strong>the</strong><br />

19 franchise relationship as a bad faith end-run around <strong>the</strong><br />

20 rule of employer liability.<br />

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

22 Q Have you ever heard of that?<br />

23 A Have I heard of it?<br />

24 Q Yes.<br />

25 A Yes, I have heard of it. Do I agree with it?

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