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ORSAY v. U.S. DEPT. OF JUSTICE

No. 00-16860.

289 F.3d 1125 (2002)

David ORSAY, Deputy U.S. Marshal; Michael Smith, Deputy U.S. Marshal, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE; United States Marshals Service; Office of the Inspector General; Eduardo Gonzalez; G. Ray Havens; Deborah Westbrook; Richard E. Kelly; Jerry Enomoto; Michael Nelson; Carolyn Griffin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2002.

Attorney(s) appearing for the Case

Gary W. Gorski, Fair Oaks, CA, for the plaintiffs-appellants.

Joanne P. Rodriguez, Assistant U.S. Attorney, Boise, ID, for the defendants-appellees.

Before: HUG, D.W. NELSON, and HAWKINS, Circuit Judges.

Opinion by Judge HUG; Partial Concurrence and Partial Dissent by Judge D.W. NELSON.

HUG, Circuit Judge.

Deputy United States Marshals David Orsay and Michael Smith (collectively "Appellants") appeal the district court's dismissal of their claims under the Privacy Act, 5 U.S.C. § 552a, and the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. ("FTCA"). The district court held that it lacked subject matter jurisdiction to resolve the claims...

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