GG : bm j 
7-3078 
AS A THIRD AFFIRMATIVE DEFENSE 
43. Plaintiff's assertion of claims purportedly 
arising out of past funding by defendants of research pro- 
jects in which recombinant DNA techniques are used is 
barred by laches . 
AS A FOURTH AFFIRMATIVE DEFENSE 
44. Plaintiff has failed to join a number of 
indespensable parties to the action, to wit, each recipient 
of NIH grants that conducts research using the recombinant 
DNA technique and each person and each entity with con- 
tracts with defendants concerning the renovation or construc- 
tion of facilities in which recombinant DNA research is 
presently in progress or is proposed. 
WHEREFORE defendants respectfully request judgment 
dismissing the complaint, the award to defendants of their 
costs and disbursements, and such other relief as this Court 
deems proper. 
Dated: New York, New York 
July 8, 1977 
Yours, etc. 
ROBERT B. FISKE, JR., 
United States Attorney for the 
Southern District of New York 
Attorney for the Defendants 
By: 
frank uohl 
Assistant United States Attomfe 
Office and Post Office Address 
United States Courthouse Annex 
One St. Andrew's Plaza 
New York, New York 10007 
Tel: (212) 791-1979 
TO: RICHARD M. HARTZMAN, ESQ. 
Friends of the Earth, Inc. 
72 Jane Street 
New York, New York 10014 
[B-52] 
