Document MJ5OL0dBMZ3gX4mzrJ1aGog2M

NUTTER, McCLENNEN & FISH L; /j ONE INTERNATIONAL PI ACE BOSTON, MASSACHUSETTS 021)0-2699 TELEPHONE' 617 419-2000 FACSIMILE- 617 97J-9748 November 27, 1990 18371-1 DIRECT DIAL NUMBER- (617) 439-2460 John R. Downey, Esq. Union Carbide Chemicals Law Department 39 Old Ridgebury Road Danbury, ct 06817-0001 and Plastics Company, Inc. Judith Elledge, Esq. Conoco Inc. 600 North Derry Ashford P.O. Box 2197 Houston, Texas 77252-2197 Mary Sundt, Esq. The Dow Chemical Company D30 Willard H. Dow Center Midland, Michigan 48674 Re: Alice L. Warren, Administratrix v. The Dow Chemical Company. Union Carbide, et al Dear John, Judy and Mary: I enclose a copy of a memorandum of law which my associate, Lori Shapiro, prepared in response to a discussion we all had recently about the plaintiff's burden of proof in cases of exposure to vinyl chloride. Rather than summarize Lori's conclusions, I thought you would find the entire memorandum interesting. Based upon this up-to-date research, it appears that Jim Tourtelotte has his work cut out for him. He should have to prove more than that any defendant's product was at the Monsanto workplace in Springfield. He should also have to prove that John Warren was exposed to that product with some "frequency, regularity and proximity." PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" HYANNIS, MASSAC HUSETTS COUNSEL AMSTERDAM lONDON TOKYO Ucc 082062 NUTTER, McCLENNEN 6c FISH John R. Downey, Esq. Judith Elledge, Esq. Mary Sundt, Esq. November 27, 1990 Page 2 We plan to develop a set of interrogatories addressed to plaintiff which will focus on issues of product identification, including when each of defendant's VC was present at the facility and specifically when and where (i.e., which building, which kettle, which job, etc.) John Warren came in contact with it. Please call if you wish to discuss this. Very truly yours, SRB/jlf enclosures cc: Ms. Yolanda Jackson (File No. H105L-76-034969) 5178i/9 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 082063