INTERN. PRIMATE PROT. LEAGUE v. INST. FOR BEHAV. RESEARCH, INC.

No. 86-1508.

799 F.2d 934 (1986)

INTERNATIONAL PRIMATE PROTECTION LEAGUE, a non-profit corporation; Animal Law Enforcement Association, a corporation; People for Ethical Treatment of Animals, Inc., a corporation; Alex Hershaft; Pamela Chapman; Jo Shoesmith; Virginia Bourquardez; Peter W. Solem, Esq. and Bertha K. Solem; and Sherryl R. Thomas, for themselves and the class, Appellants, v. INSTITUTE FOR BEHAVIORAL RESEARCH, INC., a corporation or its successors in interest and as agents and officers; Richard W. Swain, Jr., Sergeant, Montgomery County Police; and National Institutes of Health; Animal Laboratory, Poolesville, Maryland, a branch of the Public Health Service, Department of Health and Human Services and their successors, Appellees. and James V. Stunkard, D.V.M., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1986.

Rehearing and Rehearing Denied October 7, 1986.


Attorney(s) appearing for the Case

Edward L. Genn (Gilbert J. Genn, Rockville, Md., on brief) for appellants.

Robert B. Lanman, Legal Advisor, Nat. Institutes of Health, Dept. of Health and Human Services, and Edgar H. Brenner (Arnold & Porter, Washington, D.C., James R. Miller, Miller & Steinberg, Rockville, Md., Breckinridge L. Willcox, U.S. Atty., Charles P. Scheeler, Asst. U.S. Atty., Baltimore, Md., on brief), for appellees.

(Richard E. Verville, Peter S. Leyton, Grace Powers Monaco, Rebecca L. Burke, White, Fine & Verville, Washington, D.C., on brief), for amici curiae.

Before WIDENER, ERVIN, and WILKINSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 7, 1986.

WILKINSON, Circuit Judge.

In this case we must decide whether a group of private individuals may challenge a medical researcher's compliance with federal standards for the care of laboratory animals. Because we find that the plaintiffs lack standing to bring such a lawsuit, we affirm the judgment of the district court in its dismissal of this action.

To imply a cause of action in these plaintiffs...

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