Letters Received to Burton E. Emory, June 7, 1927

REOEIV: BP COLLINS & CORBIN JUN 8 1927 COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN EDWARD A.. MARKLEY DAVID A. NEWTON 1 EXCHANGE PLACE CHARLES w. BROADHURST JERSEY CITY, N. J. HOWARD F. MC INTYRE FRANK A. BOEHLER June 7, 1927. LUMING Grace Fryer vs. U. S. Radium Corporat ion Burton E. Emory, Esq., Manager, Claim Department, Aetna Life Insurance Company, New York City. Dear Mr. Emory: Your favor of the 2nd instant together with enclosures in the above was duly received. We haveconsiñered the question of removing this case to the Federal Court with Mr. Lee, President of your assured, and we agreed that the case should not be removed for a number of reasons. In the first place, if the case is removed to the Federal Court, we would not have the benefit of a testimonial examination of the plaintiff before trial or of interrogatories. In the Federal Court the case would be reached for trial within two or three months while in the Supreme Court, Essex County, where it is now pending, it would not be reached for trial for a year. The question whether or not the action is barred by our statute of limitations is an interesting one and we are going to have it passed upon by Chiof Justice Gummere on motion before we go into the merits of the controversy. We have served notice of motion to strike out the complaint on the ground that the action is barred because it was not brought within two years from the date of the injury. The motion will be argued next Saturday, June 11, unless adjourned. If the motion is decided adversely to us, we shall then file answer and go into the merits. At that time we shall arrange for the investigation files which Mr. Lee has ac- cess to and work with him in the preparation of the case for trial. We no te that you are in a position to place at our dis- posal the entire services of one investigator and as soon as we are ready for him, we shall advise you. Mr. . Markley was unable to see Mr. Lee because he was fast in court at the time Mr. Lee called. Mr. Broadhurst saw Mr. Lee and a copy of memorandum prepared by Mr. Broadhurst for Mr. Markley, dated June 30, is herewith enclosed for your file. Yours very truly, EAM: 0 COLLINS & CORBIN