Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Argued and Submitted Oct. 7, 1993.
Appeal from the United States District Court for the Central District of California, No. CV-91-4919-JSL (GH); J. Spencer Letts, District Judge, Presiding.
C.D.Cal.
AFFIRMED.
Before REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge.
Honorable Frank A. Kaufman, Senior United States District Judge for the District of Maryland, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
A contracting officer's alleged negligent approval of a surety bond is not actionable under the Federal Tort Claims Act. Westbay Steel, Inc. v. United States, 970 F.2d 648, 651 (9th Cir.1992); see also Hardaway Co. v. United States Army Corps of Eng'rs, 980 F.2d 1415, 1417-18 (11th Cir.1993),cert. denied, 62 U.S.L.W. 3245 (U.S. Oct. 4, 1993). Zellner's distinction between "no bond," "inadequate bond," and "bad bond" cases is one without a difference. See Westbay, 970 F.2d at 650.
The district court lacked jurisdiction to entertain this action. Id. at 651. Westbay controls the outcome of this case. The district court's order granting the motion to dismiss with prejudice is AFFIRMED.