Document ZnE5KNkN4DB8kzNqk8Z4zZpj7

3ra-~- of letter prepared bv Wendell Alcorn to be used in response to inquiries concerning En.terJ.ine study and, "state af the art'* memorandum. You previously indicated interest in obtaining certain naterials relating to the "state of the art" defense in as bestos-related disease litigation. The materials we have vere prepared at the expense of the Asbestos Information Association for the benefit of its members and the industry at large. Since your company is a member of the asbestos industry but not a member of AIA/NA the materials on bronchogenic cancer prepared by Phil Enterline, Ph.D., E.N. Higgins, M.D., and their staffs will be made available to you at a cost of $2,000.00 That amount was determined by AIA's Board of Directors to be a fair contribution to the overall costs incurred. If you wish to obtain a set of the materials, we would also ask. that you request it with respect to a particu lar, pending lawsuit for which you expect the information to be of valuable assistance. We view the materials as work product, to be distributed only in the context of an existing attorney-client privilege. All rights are reserved and reproduction can be made only with the express permission and consent of AIA/NA. If you wish to acquire a copy of the aforesaid materials, please remit a draft payable to Asbestos Information Association/ ::ortn America in the amount of $2,000.00. The. draft should ra sent, to me. I shall then, see that you receive a duplicate copy of the information, consisting cf three volumes of papers ?g. 2 and representing over a year's work, by Dr. Enterline and his colleagues, who acted under our general direction and supervision. ' In addition to the above, you may wish to receive a ropy of our "State of the Art" draft memorandum, dated June, 1977. It has been distributed to AIA and represents our latest effort at restating legal principles involved in the defense. The memorandum will not be finalized until another, separate study is submitted by Dr. Enterline on the disease asbestosis, and that submission is not expected before March, 1978. The charge for the draft memorandum, as well as the final version, would be duplication costs plus a charge for legal time actually incurred in supolvina the memorandum to you. The draft memorandum should also be requested by you fcr anticipated use in connection with a specific, pending lawsuit. The memorandum would be supplied in the context of the attorney-client privilege that has been established between you and our firm. Please let us know if you have any further questions. We shall be pleased to meet with you or otherwise discuss the subject of this letter and any specific problems of concern to you. Very truly yours, . 3. A . , j r. JHm 12934