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Filing 920080930


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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SEP 30 2008 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, Plaintiff - Appellant, v. COMPREHENSIVE DRUG TESTING, INC., Defendant - Appellee. No. 05-10067 D.C. No. MISC-04-234-SI ORDER MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION, Petitioner - Appellee, v. UNITED STATES OF AMERICA, Respondent - Appellant. No. 05-15006 D.C. No. CV-04-00707-JCM In re: SEARCH WARRANTS EXECUTED ON APRIL 8, 2004 AT CDT, INC., SEAL 1, Plaintiff - Appellant, v. SEAL 2, Defendant - Appellee. No. 05-55354 D.C. No. CV-04-02887-FMC 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

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