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December 12, 1927. R&: FREYER VS.U.S.RADIUM CORP. #3486, SCHAUB VS.U.S.RADIUM CORP. #3836, LARICE VS.U.S.RADIUM CORP. $3842, HcDONALD VS.U.B.RADIUM CORP. #3389, HUSSMAN U. RADIUM CORP. 43843, Edwin F. Smith, Esq., Edwards & Smith, 1 Exchange Place, Jersey City, N.J. Edward A. Markley, Bsq., Collins & Corbin, 1 Exchange Place, Jersey City, M.J. Gentlemen: This morning Mr. Berry and I went before Vice Chancel- lor Backes, Mr. Berry's purpose being to have the Vice Chancellor reserve more than one day for the hearing of the above cases and my purpose buing, if possible, to have the Vice Chancellor set a day much later than January 12th for the hearing. The Vies Chancellor expressed the view that the cases were not cognizable in a court of equity. I told him that I thought that under the facts in the cases the view expressed by him W&B correct. Hr. Berry explained to him his theory of the cases. The Vice Chancellor declined to reserve, at this time, more than one day for the hearing, saying that he might be able to dispose of the cases without as full an investigation of the facts as Mr. Berry seemed to contemplate. December 12, 1927. -2- I think the Vice Chancellor has in mind the pro- bability that some of Mr. Berry's evidence will be inadmis- sibe and that he will fail to make out & case. At all events we will be obliged to go to the hearing on the 12th of January, although the Vice Chancellor stated that we would not be obliged to produce our out-of-town expert wit- nesses on that date. I think we should arrange for a conference either the latter part of this week or early next week and would be glad to receive suggestions from you concerning the date and place for such a conference. Yours very truly, JS/SAS

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    "ocrText": "December 12, 1927.\nR&: FREYER VS.U.S.RADIUM CORP. #3486,\nSCHAUB VS.U.S.RADIUM CORP. #3836,\nLARICE VS.U.S.RADIUM CORP. $3842,\nHcDONALD VS.U.B.RADIUM CORP. #3389,\nHUSSMAN U. RADIUM CORP. 43843,\nEdwin F. Smith, Esq.,\nEdwards & Smith,\n1 Exchange Place,\nJersey City, N.J.\nEdward A. Markley, Bsq.,\nCollins & Corbin,\n1 Exchange Place,\nJersey City, M.J.\nGentlemen:\nThis morning Mr. Berry and I went before Vice Chancel-\nlor Backes, Mr. Berry's purpose being to have the Vice Chancellor\nreserve more than one day for the hearing of the above cases and\nmy purpose buing, if possible, to have the Vice Chancellor set a\nday much later than January 12th for the hearing.\nThe Vies Chancellor expressed the view that the cases\nwere not cognizable in a court of equity. I told him that I\nthought that under the facts in the cases the view expressed by\nhim W&B correct. Hr. Berry explained to him his theory of the\ncases. The Vice Chancellor declined to reserve, at this time,\nmore than one day for the hearing, saying that he might be able\nto dispose of the cases without as full an investigation of the\nfacts as Mr. Berry seemed to contemplate.\nDecember 12, 1927.\n-2-\nI think the Vice Chancellor has in mind the pro-\nbability that some of Mr. Berry's evidence will be inadmis-\nsibe and that he will fail to make out & case. At all\nevents we will be obliged to go to the hearing on the 12th\nof January, although the Vice Chancellor stated that we\nwould not be obliged to produce our out-of-town expert wit-\nnesses on that date.\nI think we should arrange for a conference either\nthe latter part of this week or early next week and would\nbe glad to receive suggestions from you concerning the date\nand place for such a conference.\nYours very truly,\nJS/SAS"
}