UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBpAJ L E D 
FE0 2 3 1378 
FERDINAND J. MACK, JR., 
Plaintiff 
j JAMES F. DAVEY. Clerk 
) Civil Action 
) No. 77-916 
v ) 
) 
JOSEPH A. CALIFANO , JR., et al., ) 
) 
Defendants ) 
OPINION 
Plaintiff seeks a preliminary injunction to prevent 
an experiment testing the biological properties of polyoma 
DNA (deoxyribonucleic acid) cloned in bacterial cells. The 
experiment is to be conducted in Building 550, Frederick 
Cancer Research Center at Fort Detrick, Maryland. Also before 
the Court is defendants' motion to vacate a voluntary stay. 
Defendants are Joseph A. Califano, Jr., Secretary 
of Health, Education, and Welfare, Donald S. Frederickson , 
Director of National Institutes of Health, and John E. Nutter, 
Chief Officer of Specialized Research and Facilities, Nationa] 
Institute of Allergies and Infectious Diseases, National 
Institutes of Health. 
On May 31, 1977 plaintiff, an infant resident of 
Frederick, Maryland, filed a motion for temporary restraining 
order and preliminary injunction to enjoin defendants from 
undertaking the experiments or constructing facilities at 
Fort Detrick to be used for the research. On July 18th a 
stipulation was entered into by the parties staying all 
proceedings pending finalization by the defendants of an 
Environmental Impact Statement and providing for 30 days 
notice to plaintiff of any experiments to be conducted at 
[Appendix C — 7] 
