IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 
FERDINAND J. MACK, JR. 
an infant 
Plaintiff 
v 
JOSEPH A. CALIFANO, JR. et al 
Defendants 
Civil Action No. 77-0916 
Judge John Lewis Smith, Jr. 
FERDINAND J. MACK 
ATTORNEY AT LAW 
SUITE 10« 
OLD TOWN CENTER 
17 WEST JEFFERSON ST. 
ROCKVILLE MARYLAND 
SO MO 
REQUEST OF PLAINTIFF TO DEFER FOR 30 DAYS DECISION ON 
PRELIMINARY INJUNCTION AND VACATION OF STAY 
Plaintiff respectfully moves the Court to defer for 30 days a ruling 
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on the preliminary injunction sought by plaintiff herein, and the vacation 
of the stay, sought by defendants herein, upon the following grounds: 
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1. Counsel for the American Society for Microbiology, intervenor, ] 
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represented in open Court that the very program of experiments sought to 
be enjoined in this case has already been conducted in Europe. Counsel 
also represented to the Court that those experiments have resulted in no 
known adverse effects from recombinant DNA. The brief of the intervenor 
indicates that two scientific groups in Europe "have already conducted 
initial experiments in risk assessment involving polyoma virus." (Brief 
page 5) Following the arguments before the Court on January 13, 1978, 
counsel for the intervenor advised counsel for plaintiff that he would 
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provide counsel for plaintiff with the details of the European experiments. 
This information is highly significant, and ought to be included in the 
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record herein before the Court rules on the pending motions. As soon as 
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counsel for plaintiff learns the source of information about the European 
experiments, he will endeavor to provide the Court with a more full 
SOI 270-2230 
[Appendix C — 169] 
