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MAK v. F.B.I.

No. 99-35516.

252 F.3d 1089 (2001)

KWAN FAI MAK, Plaintiff-Appellant, v. The FEDERAL BUREAU OF INVESTIGATION; Department of Justice; John Ashcroft, Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2001

Attorney(s) appearing for the Case

James E. Lobsenz, Seattle, Washington, for the plaintiff-appellant.

Brian C. Kipnis, Assistant United States Attorney, Seattle, Washington, for the defendants-appellees.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted February 13, 2001 — Seattle, Washington

REINHARDT, Circuit Judge:

The plaintiff in this action, Kwan Fai Mak, is also a defendant in a pending state capital proceeding. Mak filed this action in the United States District Court pursuant to the Administrative Procedure Act (APA) to compel the Federal Bureau of Investigation (FBI) to disclose information that may be useful to his defense in his capital sentencing proceedings. The present...

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