Case Under Seal, No. 05-10067 (9th Cir. 2008)

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 30 2008 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellant, v. No. 05-10067 D.C. No. MISC-04-234-SI ORDER COMPREHENSIVE DRUG TESTING, INC., Defendant - Appellee. MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION, No. 05-15006 D.C. No. CV-04-00707-JCM Petitioner - Appellee, v. UNITED STATES OF AMERICA, Respondent - Appellant. No. 05-55354 In re: SEARCH WARRANTS 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. 2 05-10067