ALLAN J. FAVISH;, Plaintiff - Appellant, SHEILA FOSTER 
             ANTHONY, et al., Intervenors - Appellees, v. OFFICE OF 
          INDEPENDENT COUNSEL, Defendant - Appellee. ALLAN J. FAVISH;,
              Plaintiff - Appellee, SHEILA FOSTER ANTHONY, et al., 
          Intervenors - Appellants, v. OFFICE OF INDEPENDENT COUNSEL,
          Defendant. ALLAN J. FAVISH, Plaintiff - Appellee, v. OFFICE
           OF INDEPENDENT COUNSEL, Defendant - Appellant, and SHEILA 
                 FOSTER ANTHONY, et al., Defendant-Intervenors.

                    No. 01-55487, No. 01-55788, No. 01-55789

              UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

                   37 Fed. Appx. 863; 2002 U.S. App. LEXIS 10895

             May 20, 2002 **, Submitted, San Francisco, California

             ** This panel unanimously finds this case suitable for 
              decision without oral argument. See Fed. R. App. P. 
                                  34(a)(2). 
                              June 6, 2002, Filed

NOTICE:  RULES OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION
TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF
APPEALS FOR THIS CIRCUIT.

OPINION:  

   ORDER *

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

   * This disposition is not appropriate for publication and may not be cited to
or by the courts of this circuit except as may be provided by Ninth Circuit Rule
36-3.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - 

   The order of the district court of January 11, 2001 is AFFIRMED, except that
photo 3-VF's body looking down from top of berm is to be withheld.

DISSENTBY: PREGERSON

DISSENT: PREGERSON, Circuit Judge, dissenting:

   I continue to maintain that the record before the district court before
remand was "sufficiently detailed for the district court to resolve the issues
in this case" without an in camera review of the ten photographs at issue.
Favish v. OIC, 217 F.3d 1168, 1186 (9th Cir. 2000). Nevertheless, having
personally viewed the ten photographs, I adhere to my prior conclusion that only
the photograph of Foster's right hand clutching the gun should be released
because "the public's interest in disclosure of the remaining nine,
never-before-released post-mortem Polaroid photographs does not outweigh the
privacy interests of Vincent Foster's surviving family in their nondisclosure."
Id.