nj)r)hv”'° 
January 27, 1978 
The Honorable Judge John Lewis Smith, Jr, 
U.S. District Court for the District of Columbia 
Washington, D.C. 20001 
FILED 
RE: Civil Case No, 77-0916; 
Utt ' VVfl 
' 3t> 
E, DAVEY. Clerk 
Ferdinand J. Mack, Jr, vs, Joseph A, Califano, Jr, et al, 
YOUR HONOR: 
Please regard this information for becoming supplementary to my letter 
of January 23, 1978, through which I have expressed my concern over what I 
termed ... "still another deceiving entry in the record of Court" ... by 
... "the defendants’ latest group of attorneys" ... as follows: 
The above referred to deceiving entry is contained in a document "filed" 
on January 13, 1978, It became known to me on January 17, 1978, when it 
was entered into the files which are available to the general public. 
The author of that document is Mr. William I. Althen, an attorney with 
Kilcullen, Smith & He e nan, and a so-called "amicus Curiae" attorney of the 
American Society for Microbiology. On page 9 of that document, called 
"Brief of the American Society for Microbiology Amicus Curiae", I found 
the deceiving entry which states that ... "THE TECHNICIANS WHO CONDUCT 
THE INDIVIDUAL MANIPULATIONS WILL BE WELL TRAINED AND UNDER THE 
SURVEILLANCE OF A "SAFETY OFFICER" ... 
As stated in my letter of January 23, 1978, the above referred to entry 
is deceitful because .... THE "SAFETY OFFICER" POSITION OF RESPONSIBILITY 
HAS NOT BEEN INCLUDED YET IN EITHER THE NIH GUIDELINES OR IN THEIR 
ENVIRONMENTAL IMPACT STATEMENT ... TO SAY NOTHING ABOUT THE STILL UNFUL- 
FILLED NIH REQUIREMENT FOR THE APPOINTMENT OF A "SAFETY MANAGER" OVER THEIR 
HIGH CONTAINMENT FACILITIES AT FT. DSTRICK. IN FREDERICK, MARYLAND. 
Respectfully submitted. 
* — 
IMm lITTi D • DerS ) 
P.0. Box 1692 
Rockville, Maryland 20850 
Naum S. Bers, Ph.D, 
[Appendix C — 184] 
