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William D. Edwards Edwin F. Smith Edwards, Smith & Danson MAR 5 1936 No.1. Exchange Place Raymond Dausen Forrest S. Smith Attorneys & Counsellors at Law Jersey City. N.J. CharloseM. Allent Mathias Bergen 4 -2035 George Echelman Edwards & Smith March 4, 1936. United States Radium Corp. , 535 Pearl Street, New York, N.Y. Att: Mr. Lee. Re: LaPorte V. U.S. Radium Corp. My dear Mr. Lee: Confirming our talk of this morning, I write this letter. As you know, the Court of Errors and Appeals has decided that the policy of insurance carried by your company with the New Amsterdam Casualty Company (and also some of the other companies) did not cover occupational dis- eases, especially as set out in the case of Helen Tuck versus United States Radium Corporation. In the case of LaPorte versus United States Radium Corporation, you will remember that Judge Forman has decided the case in favor of your company. Application has been made by Mr. Emmerglick to have costs and counsel fees allowed to him, and he has served notice upon Messrs. Collins & Corbin and ourselves, who appeared of record as attorneys for the United States Radium Corporation. In view of the decision of the Court of Errors and Appeals upon the policy, the New Amsterdam (which retained this office to represent you under its policy some long time ago) feels that it should take no further action in the matter. It is willing, however, (provided you consent thereto), that we should acknowledge service, as attorneys of record of the United States Radium Corporation, on this notice of motion for allowance of couns el fees and costs, which has been served upon us by Mr. Emmerglick; it being distinctly understood that our doing so is without prejudice to any rights of the New Amsterdam Casualty Company, and without incurring any obligation upon its part to your company. The above matters were talked over between us over the telephone this morning, and you have agreed to the foregoing, but I wri te this letter so the matter may be of record. Very truly EFS:RH Eleven 7. Swith yours