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.
2 05-10067