Letters Received to Burton E. Emory, C.B. Lee, Chas. Stockdell Gray, December 27, 1929

COLLINS & CORBIN COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN EDWARD A. MARKLEY CHARLES w. BROADHURST 1 EXCHANGE PLACE, HOWARD F. MC INTYRE FRANK A. BOEHLER JERSEY CITY, N.J. DEC 281929 JAMES B. EMORY PATRICK F. MC DEVITT FRANK P. CLANCY JOHN F. LEONARD December 27, 1929. Re: Radium suits. Burton B. Emory, Esq., Mgr., Aetna Life Ins. Co., 100 William Street, New York City. C. B. Lec, Esq., Pres. U. 8. Radium Corp. 535 Pearl Street, New York City. Chas. Stookdell Gray, Esq. Counsel, Globe Indemni ty Co., 20 Washington Place, Nowark, N. J. Dear Sirs: In the e bove matter, at the suggestion of Mr. Lee, Mr. Smith and Mr. Markley considered the question of trying to get the court to decide the defense of the S tatute of limitations before going into trial of the case on the merits. with that thought in mind, Smith and Mr. Merkley, on December 20, 1929, went before Judge Mountain, ex parte, and the jud ge said he would be willing to to hear the argument on whether or not the statute of limitations applied before going into the trial of the ease and if it was necessary to try the anse, he would fix a special day. It was suggested that we get in touoh wi th Mr. Berry to work out this plen. Mr. Berry has ignored our re- quest to join with us in this procedure, and insists upon trying this case as soon as it is reached. We are therefore serving notice of motion on Mr. Berry, returnable before Judge Mountain on Saturday, Januery 4th, to hear the statute of limitations de- fense in advanoe of the trial and to fix the date for the trial in the event that it is necessary to go into a trial on the merits. We shall keep you advised as the matter progresses. Comenstrate Yours very truly, EAM:A G