Letters Received to Edwin F. Smith, H.H. Barker, May 29, 1934

COLLINS & CORBIN COUNSELLORS AT LAW CLEMENT K. CORBIN ROBERT J. BAIN EDWARD A. MARKLEY CHARLES w. BROADHURST 1 EXCHANGE PLACE, HOWARD F. MCINTYRE JAMES B. EMORY JERSEY CITY, N. J. PATRICK F. MC DEVITT JOHN F. LEONARD JAMES J. LANGAN ADOLPH S. HUMMEL CHARLES H. SCHAFER ENOS A. PYLE RAYMOND J. LAMB EARLE J. HARRINGTON May 29, 1934. La Porte V. U. S. Radium Corp. Edwin F. Smith, Esg., 1 Exchange Place, Jersey City, N. J. H. H. Barker, asq., Vice Pres. United States Radium Corp. 535 Pearl Street, New York City. Gentlemen: This letter confirms our telephonic Salks today that the trial of the above equity suit set for June 4th is going over until September at the request of Judge Forman. Judge Forman states that he has been continually on the bench for months and as a result has a number of cases in which he has to read the records and write opinions; that unless he does this before July lst, the matters will slip from his memory and he will be greatly inconvenieneed. Judge Forman says that if he hears the matter in September he will be able to give a decision just as quickly as though he had heard the matter in June. Mr. Unger, the attorney for the complainant consented to Judge Forman's request to have the matter go over and we could do no less. While this causes us considerable expense and inconvenience, there is no alternative. From a strictly technical and legal standpoint it is not particularly harmful because the more delay the better it is for the defendant. Any number of things may happen between now and September which will improve our chances of success. In accordance with my talk with Mr. Barker I am writing to Judge Forman to ask him when in the early part of September he can hear the matter so that we can arrange accord- ingly, especially in view of the fact that some of our wit- nesses will not be available because of the opening of new college terms in the latter part of September. Yours very truly, EAM:AG