Document qmKOD3qMq1vKDq7NoKxZGn4nK
LAW OFFICE#
Jerome A. Gross Sc Associates. P. C.
PATCNTS ANO TRAOtMAPNI
JEROME A. <JRO TERRY A. WlTTHAUt
November 2, 1979
SUITE I' I 721 OUVC STREET ST. LOUIS. MISSOURI 6310
(314) 241 *7676
Mr. G. Carroll Stribling, Jr. Fordyce & Mayne 120 South Central Ave., Suite 1100 St. Louis, Missouri 63105
Re: S. M. Arnold v. Union Carbide
Dear Carroll:
Having finished with my case this week (at least for the time being), I read that part of your letter which speaks of filing an amended counterclaim. Obviously, you are permitted to do this; but we consider it improper, unless you intend (as we once suggested) to counterclaim for declaratory judgment as to the rightness of Union Carbide*s conduct.
In any event, this points up the possibility of deferring trial indefinitely.
Accordingly, I contacted Judge Wangelin and asked whether he could quickly permit us to have a pretrial conference for the purpose of limiting the issues, to look forward to an early hearing. He said that he is engaged in a jury trial which will certainly require at least the remainder of this week, he has a very heavy docket next week, and he cannot see us until some time Tuesday, Wednesday or Thursday, November 13, 14 or 15.
Will you please call me to suggest a date and time which will be con venient to you, and I will check to learn whether the Court can see us at that time.
Will look forward to hearing from you.
Sincerely
JAG:dpd cc: Mr. Herbert F. Miller
fo ross & Associates, P.C.
UCC 074381