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Chas. Stockdell Gray, Esq. Howard H. Barker, Esq #3 It is my reco mondation that the Radium Company should pay $2000. and that the Globe should pay $1000. So far as the New Amsterdam is concerned, Mr. Edwin F. Smith who represents that Company will have to get authority from it to pay 1000. In conclusion, the court stated that ir the pa rties were unw illing to make the foregoing payments he would regard his suggestion as without pre judice to the allowance in the final decree of a much larger sum to Mr. Emmerglick, because he knew if he allowed anything it would be appealed, and there- fore if the fee had to be allowed by a court order it would have to be much larger and more in proportion to the services rendered. If we should decline to make the payment the probability is that the allowance by the court which it will officially make will be much larger. It may be as much as $7500. but in all probability will be $5000. It is my opinion that any such allowance could probably be reversed as improper. However, it is my recommendation as stated above, that if we can make the payment suggested by the court it would be wise to do so. This is so in addition to the reasons already stated, for the further reason that Mr. Immerglick appears in four other cases in which he promised us discont inuances. of course there will be no appeal from Judge Forman's decision and Mr. Emmerglick promised that he will not engage in any other radium litigation, but that he will refuse to represent any other claimant. The resul t will be that We will get rid of four other cases and possibly more and in addition, Mr. Emmerglick w 111 cease to be a factor in the prosecution of such cases; also there will be no appeal in the La Por te case. Please let me have your instructions as soon as practicable, Yours very truly, EAM: AO

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    "ocrText": "Chas. Stockdell Gray, Esq.\nHoward H. Barker, Esq\n#3\nIt is my reco mondation that the Radium Company\nshould pay $2000. and that the Globe should pay $1000. So\nfar as the New Amsterdam is concerned, Mr. Edwin F. Smith who\nrepresents that Company will have to get authority from it\nto pay 1000.\nIn conclusion, the court stated that ir the pa rties\nwere unw illing to make the foregoing payments he would regard\nhis suggestion as without pre judice to the allowance in the\nfinal decree of a much larger sum to Mr. Emmerglick, because\nhe knew if he allowed anything it would be appealed, and there-\nfore if the fee had to be allowed by a court order it would\nhave to be much larger and more in proportion to the services\nrendered. If we should decline to make the payment the\nprobability is that the allowance by the court which it will\nofficially make will be much larger. It may be as much as\n$7500. but in all probability will be $5000. It is my opinion\nthat any such allowance could probably be reversed as improper.\nHowever, it is my recommendation as stated above, that if we\ncan make the payment suggested by the court it would be wise\nto do so. This is so in addition to the reasons already\nstated, for the further reason that Mr. Immerglick appears\nin four other cases in which he promised us discont inuances.\nof course there will be no appeal from Judge Forman's decision\nand Mr. Emmerglick promised that he will not engage in any\nother radium litigation, but that he will refuse to represent\nany other claimant. The resul t will be that We will get rid\nof four other cases and possibly more and in addition, Mr.\nEmmerglick w 111 cease to be a factor in the prosecution of such\ncases; also there will be no appeal in the La Por te case.\nPlease let me have your instructions as soon as\npracticable,\nYours very truly,\nEAM: AO"
}