United States v. Comprehensive Drug Testing, Inc.

FILED

FOR PUBLICATION SEP 30 2008

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 05-10067

Plaintiff - Appellant, D.C. No. MISC-04-234-SI

v. ORDER

COMPREHENSIVE DRUG TESTING,

INC.,

Defendant - Appellee.

MAJOR LEAGUE BASEBALL No. 05-15006

PLAYERS ASSOCIATION,

D.C. No. CV-04-00707-JCM Petitioner - Appellee,

v.

UNITED STATES OF AMERICA,

Respondent - Appellant. In re: SEARCH WARRANTS No. 05-55354

EXECUTED ON APRIL 8, 2004 AT

CDT, INC., D.C. No. CV-04-02887-FMC

SEAL 1,

Plaintiff - Appellant,

v.

SEAL 2,

Defendant - Appellee.

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel

opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

05-10067