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SAN LB 12 FREDERIC J. FAULKS LINDABURY, DEPUE & FAULKS J. EDWARD ASHMEAD JOSIAH STRYKER JOHN w. BISHOP, JR. PRUDENTIAL BUILDING TELEPHONE WALTER D. BARKER ULLERRY 1755 JAMES E. M.TAMS BURTIS S.HORNER 763 BROAD STREET, NEWARK, N.J. January 26, 1928 RE: FREYAR VS. U. S. RADIUM CORP. #3486-LDF C. B. Lee, President, U.S.Radium Corporation, 535 Pearl St. , New York City. Dear Mr. Lee, Several days ago Mr. Berry came to my office and told me that the Vice Chancellor had suggested to him that the parties agree upon the facts of the case. Mr. Smith also advised me that the Vice Chancellor had written a letter to him making the same suggestion and that he had replied to the Vice Chancellor stating that he would take up the matter upon his return from North Carolina. I do not believe that we can reach any agreement as to the facts as that is the principal matter in difference between us. Mr. Berry, following his custom of talking about his case, told me that Dr. Sochocky claims that he knew that the paint in question was dangerous; that he had a bitter controversy with Mr. Roeder over this matter that Sochocky claimed that the Waterbury mixture should be used which, as Mr. Berry explained to me, involved the use of oil instead of water in mixing the paint and which, as Sochocky claimed, would not involve as great danger because, First, it had a very unpleasant taste which would pre-