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ELECTRONIC FRONTIER v. DIR. OF NAT. INTELLIGENCE

No. 09-17235.

639 F.3d 876 (2010)

ELECTRONIC FRONTIER FOUNDATION, Plaintiff-Appellee, v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; Department of Justice, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2010.

Amended April 9, 2010.

Attorney(s) appearing for the Case

Douglas N. Letter and Scott McIntosh , United States Department of Justice, Civil Division, Washington, D.C., for the defendants-appellants.

Marcia Hofmann , San Francisco, CA, for the plaintiff-appellee.

Before: MYRON H. BRIGHT, MICHAEL DALY HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

ORDER

The Motion by Appellants to Correct Factual Misstatement in Panel Opinion is GRANTED. The Opinion filed on February 9, 2010, slip op. page 2313, and appearing at 595 F.3d 949 (9th Cir.2010), is hereby amended as follows:

We delete the sentence on page 962 that currently reads:

On appeal, defendants concede that subsequent to the district court order, the government...

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