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SWENSON v. U.S. POSTAL SERVICE

No. 88-15384.

890 F.2d 1075 (1989)

Therese Marie SWENSON, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; Anthony M. Fank, Postmaster General, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1989.

Attorney(s) appearing for the Case

Victor C. Thuesen, Petaluma, Cal., for plaintiff-appellant.

Philip A. Kesaris, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before GOODWIN, Chief Judge, and SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Therese Marie Swenson appeals the district court's order granting summary judgment in favor of the United States Postal Service on her claim under the Privacy Act, 5 U.S.C. § 552a (1977). The Postal Service does not contest on appeal Swenson's contention that the district court judge relied on an inapplicable statutory provision in his decision to grant summary judgment. It argues that we should nonetheless affirm because (1) Swenson failed...

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