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March 8, 1934.
Dr. S. C. Lind, Director,
Department of Chemistry,
University of Minnesota,
Minneapolis, Minnesota.
Dear Dr. Lind:
Since we last communicated with you, we
have made considerable progress with regard to straight-
ening out the status of former employees who allege they
are suffering from "Radium Poisoning".
Briefly, the situation at the moment is
this. Judge Fake of the Federal Court in the District
of Newark has ruled that the Statute of Limitations
applies in these cases, provided we did not practise
fraud. That is, he has left an opening for redress by
our former employees through equitable fraud. We now have
two cases before the Court of Equity to enjoin us from
pleading the Statute of "imitations as a defense. We be-
lieve that you agree with us, that there was no fraud
practised, and that in view of the status of the art at
the time these girls sustained injury, all due precautions
were exercised by us to safeguard the employees' health.
As you will infer, we are virtually back to
where we were in the original cases when Judge Backus, of
the Court of Equity in Newark, informed us that it was his
opinion that the original five cases did not belong in his
Court , and should be taken to the Court of Common Law.
The first of the two cases now in the Court
of Equity is "La Porte vs. United States Radium Corpàration",
and this case has been set down for a hearing at Newark, on
June 4th, 1934. The testimony of you and Dr. Schlundt will
be of vital importance to us in our defense in this matter,
and I an herewith addressing you to inquire if your schedule
is such that it can be arranged for you to come to New York
on or about June 4th, should we desire your services.
With the kindest of regards, I am,
Sincerely yours,
HHBarker:DK
Vice-President
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"ocrText": "March 8, 1934.\nDr. S. C. Lind, Director,\nDepartment of Chemistry,\nUniversity of Minnesota,\nMinneapolis, Minnesota.\nDear Dr. Lind:\nSince we last communicated with you, we\nhave made considerable progress with regard to straight-\nening out the status of former employees who allege they\nare suffering from \"Radium Poisoning\".\nBriefly, the situation at the moment is\nthis. Judge Fake of the Federal Court in the District\nof Newark has ruled that the Statute of Limitations\napplies in these cases, provided we did not practise\nfraud. That is, he has left an opening for redress by\nour former employees through equitable fraud. We now have\ntwo cases before the Court of Equity to enjoin us from\npleading the Statute of \"imitations as a defense. We be-\nlieve that you agree with us, that there was no fraud\npractised, and that in view of the status of the art at\nthe time these girls sustained injury, all due precautions\nwere exercised by us to safeguard the employees' health.\nAs you will infer, we are virtually back to\nwhere we were in the original cases when Judge Backus, of\nthe Court of Equity in Newark, informed us that it was his\nopinion that the original five cases did not belong in his\nCourt , and should be taken to the Court of Common Law.\nThe first of the two cases now in the Court\nof Equity is \"La Porte vs. United States Radium Corpàration\",\nand this case has been set down for a hearing at Newark, on\nJune 4th, 1934. The testimony of you and Dr. Schlundt will\nbe of vital importance to us in our defense in this matter,\nand I an herewith addressing you to inquire if your schedule\nis such that it can be arranged for you to come to New York\non or about June 4th, should we desire your services.\nWith the kindest of regards, I am,\nSincerely yours,\nHHBarker:DK\nVice-President"
}