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OCR Page 1 of 2EDWARDS, SMITH & DAWSON
ATTORNEYS AND COUNSELLORS AT LAW
2035
No. 1 EXCHANGE PLACE
MONTGOMERY 5
2036
2037
JERSEY CITY, N. J.
June 4, 1934.
Collins & Corbin, Esqs.,
1 Exchange Place,
Jersey City. N.J.
Att: Mr. E. Markley.
Re: La Porte VS. U. S. Radium Corp.
Our File No. U-1262-ACM.
My dear Mr. Markley:
We beg to advise you that we appenred before
Judge Forman at the Federal Court in Newark this morning on Mr.
Emmerglick's motion to have a day for trial fixed.
Mr. Emmerglick was very anxious to get his
case tried and asked that the matter be set down for the 4th of
September, which application was resisted by us a.s being too soon
after the Labor Day holiday. Lr. Emmerglick further suggested to
the court that since some of his witnesses were persons afflicted
wi th radium poisoning and were getting progressively worse, that
he might have to take depositions during the summer on short notice.
After some discussion with the court it was
agreed that Mr. Emmerglick, in a case of extreme emergency, might
take depositions by giving your office and ours five days notice,
and it being further agreed, that such testimony if taken should
be used at the trial, only in the event that the witness was unable
to appear in open court by reason of extreme illness or death.
We understand that Mr. Emmerglick will forward
you a copy of the order signed by Judge Forman this morning.
Inasmuch as no one from your office appeared
before the court, ve assume that the date set will be satisfactory
to you.
Very truly yours,
ACM:HS
C.C. to U.S.Radium Co.
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