Extracted text

OCR Page 1 of 2
March 6, 1934. Dr. S. C. Lind, Director, Department of Chomistry, University of Minnesota, Minneepólis, Minnesota. Dear Dr. Lind: Since we last commiested with you, we have made considerable progress with regard to straight- ening out the status of former employees who allege they are suffering from "Redium Poisoning". Briefly, the situation at the moment is this. Judge Fake of the Federal Court in the District of Newark has ruled that the Statute of Limitations applies in these cases, provided we did not practise fraud. That is, he has left an opening for redress by our forner employees through equitable fraud. Tie now have two cases before the Court of Equity to enjoin us from pleading the Statute of kimitations as a defense. We be- lieve that you agree with us, that there was no fraud practised, and that in view of the status of the art at the time these girls sustained injury, all due precautions were exercised by us to safeguard the employees' health. As you will infer, we are virtually back to where we were in the original cases when Judge Backus, of the Court of Equity in Newark, informed us that it was his opinion that the original five cases did not belong in his Court , and should be taken to the Court of Common Law. The first of the tio cases now in the Gourt of Equity is "La Porte VS. United States Radium Corpiration", and this case has been set down for a hearing at Newark, on June 4th, 1934. The testimony of you and Dr. Schlundt will be of vital importance to us in our defense in this matter, and I an herewith addressing you to inquire if your schedule 12 is such that it can be arronged for you to come to New York on or about June 4th, should we desire your services. With the kindest of regards, I an, Sinceroly yours, HHBarker: DK Vice-President