Day 144 - 28 Jun 95 - Page 67
1
2 MR. RAMPTON: My Lord, I would actually quite like the
3 opportunity of addressing your Lordship now.
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5 MR. JUSTICE BELL: I have not had the question yet you see.
6
7 MR. RAMPTON: No, my Lord, I will object to this question anyway
8 on the basis it does not relate to any pleaded issue. So
9 far as I can see at the moment the only ----
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11 MR. JUSTICE BELL: Surely I must listen to the question, then
12 Mr. Stein do not answer it and then Mr. Rampton can take
13 his objection if he wishes. Ask your question.
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15 MR. MORRIS: The problem is that, unfortunately, the witness
16 does not know the paper or the writer, so I am not sure it
17 is a suitable time to ask the question. It was something
18 that was dealt with yesterday evening. I did ask then
19 about the use of the "Mc" symbol in generic ----
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21 MR. JUSTICE BELL: I know you asked that because I was hoping
22 for a bit of light relief which in fact never actually
23 came!
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25 MR. MORRIS: I think that was dealt with then. The reason I am
26 bringing this up now is because I managed to identify an
27 article which threw light on that, but if the witness does
28 not know the paper or the writer it really takes the sting
29 out of the question.
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31 MR. JUSTICE BELL: Leave it where it is then.
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33 MR. MORRIS: Mr. Stein, do you know something called the Black
34 Enterprise Franchise 50 Listings which shows the firms with
35 the greatest number of black owned franchise units? Have
36 you heard of that? It monitors the percentage of black
37 franchisees in companies.
38 A. There is a magazine called, I think, Black Enterprise
39 that is circulated in the United States. Is that what you
40 are referring to?
41
42 Q. Yes, and they do a franchise 50 listing.
43 A. I do not know what they do. I know in general that
44 they deal with matters that specifically are important to
45 blacks in America.
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47 MR. RAMPTON: My Lord, this is awful, I hate having to stand up
48 all the time, but (A) I do not know whether this is a
49 disclosed document, and (B) I cannot see how the contents
50 of an American magazine could conceivably be admissible in
51 the evidence of cross-examination of Mr. Stein.
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53 MR. MORRIS: I am just about to find out.
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55 MR. JUSTICE BELL: I have another concern because, for instance,
56 in relation to advertising both sides put in tables which
57 came from magazines which were supposed to have carried out
58 a survey. Where we are evidentially on that I will wait
59 with some interest to see in due course. I can see that
60 Mr. Morris might have something similar here, but I do not
