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