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IN RE GRAND JURY SUBPOENA

Nos. 03-30102, 03-30104 to 03-30107.

357 F.3d 900 (2004)

In re GRAND JURY SUBPOENA (MARK TORF/TORF ENVIRONMENTAL MANAGEMENT), United States of America, Petitioner-Appellee, v. Mark Torf, Torf Environmental Management, Respondent-Appellant. In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management), United States of America, Petitioner-Appellee, Dennis D. Ellis, Intervenor-Appellant. In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management), United States of America, Petitioner-Appellee, Dennis D. Ellis, Intervenor-Appellant. In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management), United States of America, Petitioner-Appellee, Ponderosa Paint Manufacturing, Inc., Intervenor-Appellant. In re Grand Jury Subpoena (Mark Torf/Torf Environmental Management), United States of America, Petitioner-Appellee, Ponderosa Paint Manufacturing, Inc., Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2003.

Amended February 9, 2004.

Attorney(s) appearing for the Case

David Nevin, Nevin, Benjamin, & McKay, Boise, ID, for appellant-Torf.

Paul Westberg, Westberg, McCabe & Collins, Boise, ID, for appellant-Ellis.

John C. McCreedy, Naylor, Hales & McCreedy, Boise, ID, for appellant-Ponderosa Paint Manufacturing, Inc.

Katherine Barton, Department of Justice, Environmental & Natural Resources Division, Washington, DC, for appellee-United States.

Before: THOMPSON, HAWKINS, and BERZON, Circuit Judges.

ORDER

IT IS HEREBY ORDERED that the opinion filed November 26, 2003 and published at 350 F.3d 1010 is amended as follows:

I

At 350 F.3d at page 1013, the paragraph which begins "We have jurisdiction over these consolidated appeals", and which paragraph immediately precedes "BACKGROUND" is deleted, and the following paragraph is inserted in its place:

We have jurisdiction over these consolidated...

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