Document O1523ve0Yn4B8GwzVXM9OOqGL

Brown McCarroll L.L.P. Lll Congreti Avenue. Suite 1400, Austin, Texas 7370J-4043 312-472-5456 fax 512-479-1101 <Uackey@m*ilbmcicu!T> March. 10, 2004 VIA FAX & CERTIFIED MAIL/RRR Mr. Eric Bogdan Bogdan Law Finn 8866 Gulf Freeway, Suite 515 Houston, TX 77017 Lawrence Madeksho 8866 Gulf Freeway, Suite 440 Houston, Texas 77017 Re: Letter from Myron J. Bromberg dated November 20,1978 Dear Mr. Bogdan and Mr. Madeksho: Please let this letter serve as Asarco, Inc.'s ("Asarco") formal demand that you return all copies of the confidential and privileged letter from Myron J. Bromberg to Lawrence Miller, dated November 20, 1978. To the best of our knowledge, this letter was obtained without the knowledged or consent of Asarco or its counsel, and you are thereby ethically bound to return all copies of the aforementioned letter to Asarco. See ABA Comm, on Ethics and Profl Responsibility, Formal Op. 94-382 (1994); RESTATEMENT (Third) OP THE Law GOVERNING Lawyers 60 emt m. Further, Asarco hereby reclaims this document in accordance with Rule 193.3(d) of the Texas Rules of Civil Procedure. Asarco also requests that you disclose the names and addresses of all parties to whom you have shown this letter. Asarco also requests that you disclose the facts and circumstances relating to your acquisition of this document. If you obtained this document from a third-party, please disclose the identity of that individual or company. If you obtained this information from the internet, please disclose the exact URL address of the webpage from which the document was obtained. Should this letter be further distributed, Asarco will hold you both personally responsible and exercise all of its rights in law and equity. Further, Asarco will consider filing a forma! complaint with the State Bar ofTexas. aUS;213&4S3.I 32021.70736 AiMcin Dallas Houaron * Longview - El Paso Should you fail to comply with the terms of this demand by March 15,2004, Asarco will file a motion seeking the return of all of Asarco's privileged materials in your possession as well as amotion for sanctions. If you have any questions, please feel free to contact me. Sincerely, GDL:jji icc; Jason J. Irvin Danny Guerra AUS3U38453.1 32021.70736 THE MADEKSHO LAW FIRM, PLLC 8866 Gulf Freeway, Suite 440 Houston, Texas 77017 TOLL Free: 1 -800-432-6048 TELEPHONE: 713-910-8000 Facsimile: 713-910-0280 March 13, 2004 Mr. Doug Lackey Brown McCarroll, LLP 111 Congress Avenue, Ste 1400 Austin, Texas 78701 Re: Letter From Myron J. Bromberg Dated November 20, 1978 Dear Mr. Lackey: This letter is in response to your letter that we received several days ago in which you threatened to file a complaint with the State Bar of Texas against Mr. Eric Bogdan and myself, as well as to seek a motion for sanctions. I am consider ing filing the same actions on the above matter. I believe that this letter is still on the Internet at Dr. David Egilman's website for the entire world to see and I suspect that hundreds, if not thousands, of people from coast to coast have copies. Dr. Egilman uses the documents on his website in teaching his classes at Brown University on corporate corruption. Who knows? The Professor may have been conducting a special project on ASARCO. Therefore, we are confounded as to why you feel that that this letter is subject to some alleged privilege. If you plan on chasing everyone in the world that has a copy and access to the letter, you have a long, hard road ahead. I look forward to any hearing with the court and the State Bar of Texas. I remain, LM:em cc: Mr. Eric Bogdan Mr. Jason Irvin Mr. Danny Guerra Lawrence Madeksho THE MADEKSHO LAW FIRM, PLLC 8 8 6 6 GULF FREEWAY, SUITE 440 HOUSTON, TEXAS 77017 TELEPHONE 7 1 3 -9 1 0 - 8 0 0 0 FACSIMILE 713-910-0250 PLEASE DELIVER FACSIMILE TRANSMITTAL SHEET TO: Doug Lackey Jason J. Irvin Danny Garcia COMPANY: Brown McCarroll FAX NUMBER: 512-479-1101 PHONE NUMBER: 512-472-5456 RE: ASARCO FRAUD LETTER FROM: Lawrence Madeksho DATE: MARCH 11. 2004 TOTAL NO. OF PAGES INCLUDING COVER: 2 SENDER'S REFERENCE NUMBER: YOUR REFERENCE NUMBER: NOTES/COMMENTS: CONFIDENTIALITY NOTICE The information in this facsimile message is attorney-client privileged and confidential information, intended for the use of the individual or entity named above. Any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us at 1-800-432-6048 and return the original message to us at the above address at our expense. Thank you.