Document LJejxO9Oq5VBJ8gd1vmBZxNDd

NUTTER, McCLENNEN & FISH ONE INTERNATIONAL PLACE BOSTON, MASSACHUSETTS 02110-2699 TELEPHONE: 617 439-2000 FACSIMILE: 617 973-9748 November 11, 1991 18371-1 u' / . ,,/... / '' DIRECT DIAL NUMBER: (617)439-2382 John R. Downey, Esquire Union Carbide Chemicals and Plastics Company, Inc. 39 Old Ridgebury Road Danbury, CT 06817-6269 Judith Elledge, Esquire Conoco Inc. 600 North Derry Ashford Post Office Box 2197 Houston, TX 77252-2197 Mary Sundt, Esquire The Dow Chemical Company D30 Willard H. Dow Center Midland, MI 48674 Re: Alice L. Warren, Administratrix v. The Dow Chemical Company, Union Carbide, et al.: U.S.D.C., Civil Action NO. 89--3Q2.01F Dear John, Judy and Mary: On November 7, 1991, I attended the deposition of Ronald H. Burnett in St. Louis. Given that Mr. Burnett did not provide any new information, we will not, at this point, provide you with a detailed summary of his deposition testimony. Nevertheless, please note that Mr. Burnett could not identify Union Carbide, Conoco or B.F. Goodrich as suppliers of VCM to Monsanto during the decedent's alleged exposure period. Also, Mr. Burnett testified that there was a Dow contract, but he did not know the specifics or details of the contract -- nor did he know the date of the Dow contract. Plaintiff's counsel never asked Mr. Burnett whether any shipments of VCM were made by Dow to Monsanto pursuant to that contract. I also note that during the deposition, plaintiff's counsel showed Mr. Burnett a copy of the computer printout sheet purportedly setting forth the details of the Dow contract (over my repeated objections). Mr. Burnett responded, however, that PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" HYANNIS, MASSACHUSETTS COUNSEL: AMSTERDAM LONDON TOKYO UCC 081325 NUTTER, McCLENNEN & FISH November 11, 1991 Page 2 the computer printout sheet did not refresh his recollection as to the specifics of the Dow contract. It is my understanding that plaintiff's counsel has agreed to a dismissal with prejudice as to Union Carbide and Conoco. We should know by the November 13, 1991 status conference whether plaintiff's counsel will be true to his word. In the meantime, we will continue to keep you advised of further developments as they occur. Very truly yours, SPR:ncg 5203 i Susan P. Ritter PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 081326