UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
FERDINAND J. MACK, 
Plaintiff, 
v. 
JOSEPH A. CALIFANO , Jr., 
et al. , 
Defendants . 
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Civil Action No. 7-7-^-9191 
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FILED 
DEC30 1977i 
JAMES F. DAVEY, Clcr!; 
DEFENDANTS' MEMORANDUM IN OPPOSITION TO 
PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION 
Preliminary Statement 
Plaintiff seeks to prevent an experiment to be 
undertaken in Building 550, Frederick Cancer Research Center, 
Fort Detrick, Maryland. The experiment will test the 
biological properties of polyoma recombinant DNA cloned in 
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bacterial cells , and plaintiff contends that defendants have 
not prepared an environmental impact statement covering the 
experiment in accordance with §102(2) (C) of the National 
Environmental Policy Act, 42 U.S.C. §4322(2) (C). 
In order to obtain preliminary injunctive relief, 
plaintiff must satisfy the well-known standards of Virginia 
Petroleum Jobbers Assn, v. F. P . C . , 259 F.2d 921, 925 (D.C. 
Cir. 1959) . He must establish (1) that he will be irreparably 
injured in the absence of preliminary injunctive relief; (2) 
that defendants will not be irreparably injured if such relief 
is granted; (3) that there is a substantial likelihood that 
he will prevail on the merits; and (4) that the public interest 
favors issuance of an injunction. Here, plaintiff will not 
be irreparably injured in the absence of an injunction because, 
1/ For purposes of convenience, we will refer to the experiment 
— at issue in this case simply as "the experiment". 
[Appendix C — 109] 
