Cell Associates, Inc. v. National Institutes Of Health

579 F.2d 1155 4 Media L. Rep. 1543 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. No. 76-1978. United States Court of Appeals, Ninth Circuit. Aug. 11, 1978. 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. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, CUMMINGS, * and SNEED, Circuit Judges. DUNIWAY, Circuit Judge: 1 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…