2 
meeting his full burden of proof. The Rules specifically 
provide that Temporary Restraining Orders are limited to 
ten-day's duration, unless extended or consented to. F.R. 
Civ. P . 65(b) . 
Second, plaintiff has had ample opportunity to 
submit all relevant information and affidavits prior to the 
hearing held on January 13, 1978. This suit was filed in 
May 1977, and notice of the filing of the environmental 
impact statement was given on November 29, 1977. Both before 
and after the suit was filed defendants have voluntarily 
supplied information to plaintiff concerning the experiment. 
Plaintiff sought no formal discovery. It is now much too 
late to seek additional time to delay this experiment. 
Third, it is important to begin this experiment 
as promptly as possible since NIH hopes to gain important 
additional information concerning recombinant DNA technology. 
See Def. Opp. at 13-14; Nutter Aff. NIH is prepared to 
begin the experiment in the next two weeks, and further 
delay as sought by plaintiff here is unwarranted. 
Fourth, plaintiff and his experts should have known 
throughout these proceedings that a "weakened strain" of E. coli 
K-12 was to be used. Both the environmental impact statement 
and defendant's opposition to plaintiff's motion for preliminary 
injunction indicated at length the properties of EK2 host-vector 
systems and that EK2 systems would be used in the experiment. 
[Appendix C — 176] 
