Document DvD68XGJ21M4KV4n52DqrjMEM

Feuruary 5, 1974 Mr. David Swank Professor of Law The University of Oklahoma 63g Farrington Oval Norman, Oklahoma 73069 L'ear 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. The facts in this case were investigated fairly thoroughly in establisning 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 uesigned anu equipped to protect against the escape into the air oi stack effluents from 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 carnages were assessed a,,amst the hht'kin ) Company. 1 I can site the legal man who handled the case. He was Mr. .ioert iiauck whose address is 3 W. Market Street, Lewis town, Pennsylvania 17o44. The e-viuence in this instance was not as cocn-renensive m certain respects as it might nave been, but it was, in my Opinion, sufficient to substantiate the iacts in this suit. Much more comprehensive aata mi hi have been, but it was, in o;inion, sufficient to substantiate the iacts in this suit. Much more comprehensive cata mi,,at have been obtained by earlier and more extensive investigation, anu in a more sceptical situation in a different court mignt weil have been required to secuie a ..osicive verdict and more elaborate costs, but in this 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 the responsibility for the collection of evidence anu the demonstration of tile facts obtaining in your case. It .night be that one of the other members of the staff of this Laboratory would carry out Che necessary investigation. It is very doubtful, I chink, 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 /> / Pe 1 0 0 1 6 5