UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
FERDINAND J. MACK, . ) 
Plaintiff, ) 
) 
v. ) 
) 
JOSEPH A. CALIFANO , Jr., ) 
et al. , ) 
) 
Defendants. ) 

Civil Action No. 77-9-t^ - 
FILED 
DEC3 01977- 
affidavit 
JAMES F. DAVEY, Clerk 
I, John E. Nutter, Ph.D., being duly sworn, depose 
and say: 
1. I am the Chief of the Office of Specialized 
Research and Facilities, National Institute of Allergy and 
Infectious Diseases, National Institutes of Health. I am a 
microbiologist and have worked in the field for over 20 years. 
2. The NIH Guidelines for Recombinant DNA Research 
stipulate that P4 physical containment and EK2 biological 
containment must be employed during the preparation of recombinant 
DNA molecules that include all or part of animal virus DNA. 
The experiment at issue in this lawsuit, to be conducted by 
Dr. Wallace Rowe and Dr. Malcolm Martin, will be carried out 
in full compliance with these containment requirements. 
3. In imposing such stringent requirements on the 
preparation of such recombinant DNA molecules, the Guidelines 
reflect a conservative and prudent approach to containment, 
designed to avoid any risk of harm to laboratory personnel, 
the community, and the environment. In fact, however, the 
[Appendix C — 107] 
