Document X7OeK9DLvBy38OX8ZdQJJRBEB
Hi% k- :
iy. (( Ethyl Gasol ine Corporation
35 Broadway
CoIrnrteesrp-oOnfdfibonece
N e w Y o r k April 5, 1929.
Dr* Robert A. Kehoe,
Dear Dr. Kehoe:
_____We have your letter of the 2nd enclosing results of analyses in the case o f ^ m ^ o f Dallas, Texas, who was employed at Abilene, and are pthlaenasethdattofonuontde itnhaotrdthienyarydownoorktmiennd. icate ary evidence of lead absorption greater
Acopy of Dr. Machle*s report was sent to Mr. E. S* Karstedt, vice president of the Continental Oil Company at Denver on the 3rd instant.
Yesterday (obviously before the receipt of the copy of Dr. Machle*s
report) we received a telegram from Mr. Karstedt, as follows:
-
"Regarding claim
at Abilene, Texas,
_________ has started suit in ^sS^eourt at Abilene
against us for $50,000 damages alleging total perman
ent disability stop Assume you desire to direct defence
of suit or cooperate with us in sape stop Suit is removable
to federal court and i t is our impression such removal is
advisable stop Forwarding copy petition and other details
air mail stop Removal if desired will probably have to be
done by 15th instant stop Wire us howyou wish case handled"
Today we received a further wire from Mr. Karstedt, reading:
"Regarding claim of
t Abilene, Texas,
please wire nature Doctor Ma Le*S' final ODinion"
We have made this reply:
"Mailed you copy Dr* Machle*s report on third stop
His opinion is that Ethyl Gasoline not responsible in any
manner for
condition stop We will be glad co
operate with you in defense of suit stop In matters this
nature it would seem advisable have i t federal court unless
good cause shown contrary stop Will communicate further
on receipt petition and other details you are forwarding"
. There is apparently nothing in the contract we have with the Continental Oil Company, which is our standard form, that obligates us either to defend or be responsible for any damages that may have been sustained in a case of this kind unless i t is established that the Ethyl Gasoline Corporation was negligent
\ Dr. Robert A* Kehoe - #2
April 5, 1929.
in some manner. However, the interests of Continental and ourselves are so closely related in a matter of this nature as to make i t most desirable for the fullest cooperation between us.
Upon receipt of the petition to which reference is made in Ttheexacsoarrtetosprnoenydsenwcheo,mMtrh.eyReriedgouflatrhlye Temrapvloeylesrshawllilgl eptroinbatbolyuchsuwggitehstCtohnattinceenrttaali'ns attorneys and assist them in any manner they can in the defense of the suit. Such attorneys--if so referred to by Mr. Reid--will appear to the Continental Oil Company as our attorneys and not as representatives of the Travelers Insurance Company. You can well appreciate the reason for such appearance.
Either Mr. Reid or I will keep you advised as to developments.
Yours very"t^ly^
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