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WILBORN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 93-35048.

49 F.3d 597 (1995)

Roland Ralph WILBORN, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted November 15, 1994.

Decided March 10, 1995.

Attorney(s) appearing for the Case

William Carpenter, Jr., Eugene, OR, for plaintiff-appellant.

Judith D. Kobbervig, Asst. U.S. Atty., Portland, OR, for defendant-appellee.

Before: THOMPSON and TROTT, Circuit Judges, and TASHIMA, District Judge.

TASHIMA, District Judge:

This is an action brought under the Privacy Act of 1974, 5 U.S.C. § 552a. The district court granted the motion of defendant Department of Health and Human Services ("HHS") for summary judgment, from which plaintiff Wilborn has appealed.1 The appeal is timely and we have jurisdiction under 28 U.S.C. § 1291.

I. THE UNCONTROVERTED FACTS

Appellant...

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