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OCR Page 1 of 2March 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
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