Zellner Plastering Company, Plaintiff-appellant, v. United States of America, by Its Agent; United States Navy,defendants-appellees, 9 F.3d 1556 (9th Cir. 1993)

Before REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN,^*  District Judge.

MEMORANDUM^** 

A contracting officer's alleged negligent approval of a surety bond is not actionable under the Federal Tort Claims Act. Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir. 1992); see also Hardaway Co. v. United States Army Corps of Eng'rs, 980 F.2d 1415, 1417-18 (11th Cir. 1993), cert. denied, 62 U.S.L.W. 3245 (U.S. Oct. 4, 1993). Zellner's distinction between "no bond," "inadequate bond," and "bad bond" cases is one without a difference. See Westbay, 970 F.2d at 650.

The district court lacked jurisdiction to entertain this action. Id. at 651. Westbay controls the outcome of this case. The district court's order granting the motion to dismiss with prejudice is AFFIRMED.