Document 61dGx694k1wmdpVVbo043VM6

Feuruary 5, 1974 Mr. David Swank Professor of Law The University of Oklahoma 63o Farrington Oval Norman, Oklahoma 73069 tear Mr. Swank; I am remiss in not having answered previously your letter of June 21, concerning tne Noerr vs. Sitkin Company case, involving the poisoning of cattle by lead. Tine facts in this case were investigated fairly thoroughly in establishing the following facts; 1. That cattle belonging to Mr. anu Mis. Noerr had been poisoned by lead. 2. That the source of the lead resided in the heavy contamination of forage on the Noerr farm from a nearby smelter (improperly designed anu equipped to protect against the escape into the air oi stack effluents iron) tne smelter). A considerable amount of investigation established these facts beyond any reasonable doubt and eventually (after a wholly unnecessary la,se of time) a veruict was ' rendered in favor of the Noerr's and damages were assessed a,.,amst the SLtkin ) Company. 1 I can site the legal man who handled tiie case. He was Mr. .inert ijauck whose aucrtss is o W. Market Street, Lewistown, Pennsylvania 17o44. The evidence in tiiis instance was not as comprehensive m certain respects as it might nave been, but it was, in my Opinion, sufficient to substantiate the iacts in this suit. Mach more comprehensive aata n;i ..hl have been, but it was, in my o; inion, sufficient to substantiate the iacts in this suit. Much more comprehensive uata ,,a,.nt nave been obtained by earlier and more extensive investigation, anu in a nore sceptical situation in a different court mignt weii have been required to secure a ..osicive verdict and more elaborate costs, but in tnis instance, I believe, that the verdict was just and the costs were reasonably assessed. It so happens that I cannot travel at present because of an illness (a cerebral hemorrhage some months ago), anu I simply cannot accept tne responsiuility for the collection of evidence anu tiie demons nation of tiie facts obtaining m your case. It .night be that one of the other members of the stuff of this Laboratory would carry out Che necessary investigation. It is very uoubtfui, I think, as to wnether Mr. Houck would undertake the legal work. Mr. David Swank Page 2 February 5, 1974 I wish to apologize for this long delay in my reply, but my recovery from my episode of illness has been somewhat delayed, and I'm afraid that I've been less than enthusiastic in returning to the activities that characterized my previous behavior in matters of this type. I trust that in so doing, I have not been responsible for too long a delay in your efforts to represent your client or clients. Another investigator could have attended to this problem. Cordially yours, Ra K:wb Robert a . Kehoe, M.D. Professor Emeritus of Occupational Medicine /) / tag 1 0 016 5