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OLESZKO v. STATE COMPENSATION INS. FUND

No. 99-15207.

243 F.3d 1154 (2001)

Oksana Oleszko, Plaintiff-Appellant, v. State Compensation Insurance Fund, David Howard, and Dora Cooke, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2001.

Attorney(s) appearing for the Case

Peter G. Lomhoff, Oakland, California, for the plaintiff-appellant.

David L. Bacon, Thelen, Reid & Priest, Los Angeles, California, for the defendants-appellants.

Bruce Celebrezze and Graziella Walsh Coggan, Celebrezze & Wesley, San Francisco, California, for the defendants-appellees.

William F. Krebs, Galland, Kharasch, Greenberg, Fellman & Swirsky, Washington, D.C., for amicus curiae Employee Assistance Professional Associations, Inc., in support of defendants-appellees.

Before: DOROTHY W. NELSON, DAVID R. THOMPSON, and STEPHEN S. TROTT, Circuit Judges.

Argued and Submitted October 4, 2000 — San Francisco, California.

D.W. NELSON, Circuit Judge:

Oksana Oleszko appeals the denial of her motion to compel discovery from the State Compensation Insurance Fund's ("SCIF") Employee Assistance Program ("EAP").1 The district court concluded that the federal psychotherapist-patient privilege protected the requested information from disclosure. See Jaffee v. Redmond,

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