WARSHAK v. U.S.

No. 06-4092.

490 F.3d 455 (2007)

Steven WARSHAK, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 18, 2007.


Attorney(s) appearing for the Case

ARGUED: Nathan P. Judish, United States Department of Justice, Washington, D.C., for Appellant. Martin G. Weinberg, Boston, Massachusetts, for Appellee. ON BRIEF: Nathan P. Judish, John H. Zacharia, United States Department of Justice, Washington, D.C., Benjamin C. Glassman, Donetta D. Wiethe, Assistant United States Attorneys, Cincinnati, Ohio, for Appellant. Martin G. Weinberg, Boston, Massachusetts, Martin S. Pinales, Sirkin, Pinales & Schwartz, Cincinnati, Ohio, for Appellee. Kevin S. Bankston, Electronic Frontier Foundation, San Francisco, California, Patricia L. Bellia, Notre Dame Law School, Notre Dame, Indiana, Susan A. Freiwald, University of San Francisco School of Law, San Francisco, California, for Amici Curiae.

Before: MARTIN and DAUGHTREY, Circuit Judges; SCHWARZER, District Judge.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The government appeals the district court's entry of a preliminary injunction, prohibiting it from seizing "the contents of any personal e-mail account maintained by an Internet Service Provider in the name of any resident of the Southern District of Ohio without providing the relevant account holder or subscriber prior notice and an opportunity to be heard on any complaint, motion, or other pleading seeking issuance...

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