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ANIMAL LEGAL DEFENSE FUND v. VENEMAN

No. 04-15788.

490 F.3d 725 (2007)

ANIMAL LEGAL DEFENSE FUND; Animal Welfare Institute; Valerie Buchanan; Jane Garrison; Nancy Megna, Plaintiffs-Appellants, National Association for Biomedical Research, Intervenor-Appellee, v. Ann M. VENEMAN; Bobby R. Acord; Chester A. Gipson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2007.

Attorney(s) appearing for the Case

Howard M. Crystal, Katherine A. Meyer, Meyer & Glitzenstein, Bruce A. Wagman, Schiff Hardin LLP, San Francisco, CA, for Plaintiffs-Appellants.

Robert A. Long, Jr., Covington & Burling, Washington, DC, for Intervenor-Appellee.

Michael Jay Singer, U.S. Department of Justice Civil Division/Appellate Staff, John S. Koppel, Washington, DC, for Defendants-Appellees.

Before: MARY M. SCHROEDER, Chief Judge, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, RICHARD R. CLIFTON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Order; Concurrence by Judge BYBEE; Partial Concurrence and Partial Dissent by Judge THOMAS.

ORDER

Appellant's motion to dismiss is GRANTED. The appeal is DISMISSED with prejudice, each party to bear its own costs. The opinion of the three-judge panel, reported at 469 F.3d 826 (9th Cir.2006), is VACATED.

BYBEE, Circuit Judge, with whom CALLAHAN, Circuit Judge joins...

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