UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 
FERDINAND J. MACK, JR., 
an infant 
Smith, J. 
Plaintiff 
Civil Action No. 77-0916 
v 
FILED 
JOSEPH A. CALIFANO, JR. et al. 
Defendants 
JAMES F. DAVEY* Clerk 
SUPPLEMENTAL MEMORANDUM OF POINTS .AND AUTHORITIES 
IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 
Plaintiff has heretofore filed herein a motion for a 
temporary restraining order and preliminary injunction, and a 
memorandum of points and authorities in support thereof. 
In addition to the foregoing, there is annexed hereto 
and designated Exhibit #7, an editorial from the New England 
Journal of Medicine, May 26, 1977, pages 1226-1228, which 
further reflects the continuing controversy between eminent 
scientists as to the course the research should take. 
Although the documents indicating it were attached 
as exhibits to the original memorandum filed herein, the point 
that the funds utilized for construction of the Ft. Detrick laboratory 
have never been legally authorized was not made. In defendant 
Nutter's letter of May 2 , 1977 (Exhibit #3) , he states that: 
"The expenditure of funds under this contract 
was authorized by Ronald H. Defilice , contracting 
officer, NCI, FCRC (A) . The use of laboratories 
in Building 550 for recombinant DNA research was 
approved by the Director of NIH and complies with 
the intent of Congress (Enclosures B and C) . " 
[Appendix C — 87] 
