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CELL ASSOCIATES v. NATIONAL INSTITUTES, ETC.

No. 76-1978.

579 F.2d 1155 (1978)

CELL ASSOCIATES, INC., a California Corporation, and Leonard Hayflick, an Individual, Plaintiffs-Appellants, v. NATIONAL INSTITUTES OF HEALTH, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, and Donald Fredrickson, Director of National Institutes of Health, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 11, 1978.

Attorney(s) appearing for the Case

William A. Fenwick of Davis, Stafford, Kellman & Fenwick, Palo Alto, Cal., for plaintiffs-appellants.

Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before DUNIWAY, CUMMINGS, and SNEED, Circuit Judges.

DUNIWAY, Circuit Judge:

Hayflick and Cell Associates brought suit under the Privacy Act of 1974, 5 U.S.C. § 552a (1976), seeking to enjoin the government from releasing two investigative reports prepared by the National Institutes of Health (NIH). The district court denied a motion for a preliminary injunction and this appeal followed. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We affirm the order as to Hayflick and remand with directions to dismiss...

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