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AMERICAN SMALL BUSINESS v. U.S. SMALL BUSINESS

No. 09-16756.

623 F.3d 1052 (2010)

AMERICAN SMALL BUSINESS LEAGUE, Plaintiff-Appellant, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2010.

Attorney(s) appearing for the Case

Robert E. Belshaw , Gutierrez & Associates, San Francisco, CA, for the appellant.

Tony West , Assistant Attorney General; Joseph P. Russoniello , United States Attorney; Leonard Schaitman , Attorney, Appellate Staff, Civil Division; Steve Frank , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for the appellee.

Before: DAVID R. THOMPSON, BARRY G. SILVERMAN and M. MARGARET McKEOWN, Circuit Judges.

PER CURIAM:

Plaintiff American Small Business League ("ASBL") appeals the adverse summary judgment ruling denying its July 2008 request under the Freedom of Information Act, 5 U.S.C. § 552, to compel Defendant United States Small Business Administration to produce Verizon Wireless cell phone records that the agency no longer possessed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

In July 2008, ASBL filed a FOIA request with SBA seeking...

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