Carnohan v. United States

616 F.2d 1120 Michael O. CARNOHAN et al., Appellants, v. UNITED STATES of America, and Joseph A. Califano, Secretary of Health, Education and Welfare, Griffin H. Bell, U. S. Attorney General, the State of California, Dr. Jerome A. Lackner, Calif. Director of Public Health, The Calif. Department of Public Health, and all John Doe District Attorneys of the State of California, and all John Doe City Attorneys of the State of Calif., Appellees. No. 77-2899. United States Court of Appeals, Ninth Circuit. April 7, 1980. Michael O. Carnohan, pro se. Charles R. McConachie, Dept. of Justice, Washington, D. C., for appellees. Appeal from the United States District Court for the District of Southern California. Before KILKENNY * and GOODWIN, Circuit Judges, and KELLEHER ** , District Judge. PER CURIAM. 1 Michael Carnohan brought a declaratory proceeding to secure the right to obtain and use laetrile in a nutritional program for the prevention of cancer. The district court held that the controversy properly fell within the primary jurisdiction of the federal and state administrative agencies charged with evaluating new drug applications and therefore dismissed the action. We affirm. 2 When…