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INTERN. PRIMATE PROT. L. v. ADM'RS OF TULANE ED. F.

No. 89-3288.

895 F.2d 1056 (1990)

INTERNATIONAL PRIMATE PROTECTION LEAGUE, et al., Plaintiffs-Appellees, v. ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND, and National Institutes of Health, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1990.

Attorney(s) appearing for the Case

Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Civ.Div., John F. Cordes, Washington, D.C., Ruth Morris Force, Asst. U.S. Atty., and John P. Volz, U.S. Atty., New Orleans, La., for Nat. Inst. of Health.

Gregory C. Weiss, Adams & Reese, New Orleans, La., for Admin. of Tulane Educational Fund.

Margaret E. Woodward, New Orleans, La., for plaintiffs-appellees.

Before GEE, REAVLEY and GARWOOD, Circuit Judges.

GEE, Circuit Judge:

In today's case we address the issue whether a preliminary injunction which prevents the National Institutes of Health from carrying out the euthanizing of three macaque monkeys in order to conduct medical research was properly granted. Having determined that the National Institutes of Health, a federal agency, has a sufficient interest in the euthanizing of the monkeys to allow it to defend that interest in federal court, and concluding further...

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