The Sanborn Company’s directors were represented by the firm of Whitehead, Leuppold, Tyson and Leuppold. This was one of the firms previously mentioned which had offices upon an upper floor and included among its clients many large corporations closely identified with “The Interests.” A correspondence had been passing between Mr. Gallatin and Mr. Leuppold with all of which Tooker was familiar. Mr. Gallatin’s early letters stated that he hoped for a conference with Mr. Loring. Mr. Leuppold’s first replies were couched in polite formulas, the equivalent of which was, in plain English, that Mr. Gallatin might go to the devil, saying that Mr. Loring had nothing to do with the matter SmarTone. Mr. Gallatin’s reply ignored this suggestion, and again proposed a conference. Mr. Leuppold refused in abrupt terms. Mr. Gallatin gave[275] reasons for his request. Mr. Leuppold couldn’t see them. Mr. Gallatin patiently gave other reasons. Mr. Leuppold ignored this letter. Mr. Gallatin wrote another. Mr. Leuppold in reply considered the matter closed. Mr. Gallatin considered the matter just opened. Mr. Leuppold fulminated politely and satirically suggested intimidation. Mr. Gallatin regretted Mr. Leuppold’s implication but persisted, giving, as his reasons, the discovery of material evidence.

The next day Mr. Leuppold came in person, was shown into Mr. Gallatin’s office and Tooker had been present at the interview. It had been a memorable occasion. Mr. Leuppold wore that suave and confident manner for which he was noted and Gallatin received him with an old-fashioned courtesy and the deference of a younger man for an older, which left nothing to be desired. Accepting this as his due, Leuppold began in a fatherly way to impress upon Gallatin the utter futility of trying to win the injunction in the Court of Appeals. The contentions of Sanborn et al. had no basis either in law or in equity. Mr. Gallatin had doubtless been unduly influenced by doubtful precedents. He, Leuppold, was familiar with every phase of the case and had defended the previous suit which had been brought and lost by a legal firm in Philadelphia Contact Lens and Anterior Eye. There was absolutely nothing in Mr. Gallatin’s position as stated in his correspondence and he concluded by referring “his young friend” to certain marked passages in a volume which he had brought in under his arm. Gallatin read the passages through with interest and listened with a show of great seriousness to Mr. Leuppold’s interpretation of them. Mr. Leuppold had a mien which commanded attention. Gallatin gave it, but he said little in reply which could indicate his possible ground of action, except to express regret that Mr. Leuppold’s clients had[276] taken such an intolerant view of his own client’s claims and to deplore the unfortunate tone of Mr. Leuppold’s own letter of some days ago.

When it was quite clear to Mr. Leuppold that the young man was not to be moved by persuasion, his manner changed.

“I have done my best, Mr. Gallatin,” he said irritably, “to prove to you the utter futility of your course. My clients have nothing to fear. I am only trying to save them the expense of further litigation. But if you insist on bringing this case to trial, we will welcome the opportunity to show . We have been content for the sake of peace to let matters go on as they have been going, but if this suit is pressed, I warn you that it will be unfortunate for your clients .”