Unpublished Disposition, 912 F.2d 469 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 912 F.2d 469 (9th Cir. 1990)

No. 88-15571.

United States Court of Appeals, Ninth Circuit.

Before TANG and NOONAN, Circuit Judges, and LAUGHLIN E. WATERS** , District Judge.

MEMORANDUM*** 

We have reexamined the question of jurisdiction and have concluded that this court has jurisdiction over the appeal. See Munden v. Ultra-Alaska Assoc., 849 F.2d 383, 387 (9th Cir. 1988). We affirm the district court's decisions. We conclude (1) the district court did not err in denying Pototsky's requests for witness statements pursuant to the Freedom of Information Act (FOIA), and (2) the district court properly dismissed Pototsky's FOIA claims for the opinions, recommendations and conclusions of the investigating officer for lack of subject matter jurisdiction. See Hyman v. Merit System Protection Board, 799 F.2d 1421, 1423 (9th Cir. 1986).

AFFIRMED.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir.R. 34-4

 **

Honorable Laughlin E. Waters, Senior United States District Judge for the Central District of California, sitting by designation

 ***

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

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