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URBAN v. U.S.

No. 95-2386.

72 F.3d 94 (1995)

Jack URBAN, Appellant, v. UNITED STATES of America; Kansas Bureau of Investigation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Appellant was not represented by counsel.

Bonnie P. Ulrich, Assistant U.S. Attorney, Sioux Falls, South Dakota, for appellees.

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

South Dakota inmate Jack Urban appeals the district court's dismissal of his action to enforce a Freedom of Information Act (FOIA) request. The court dismissed Urban's complaint, prior to service, because "[n]onexistent records are impossible to produce." At least some of the requested materials almost certainly exist — the question is whether they are in the possession or control of the United...

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